PUBLIC PROTECTION LICENSING COMMITTEE
Minutes of a meeting held on 15th May, 2018.
Present: Councillor V.P. Driscoll (Chairman); Councillor M.J.G. Morgan (Vice-Chairman); Councillors R. Crowley, Mrs. P. Drake, O. Griffiths, Dr. I.J. Johnson, K.P. Mahoney, Mrs. A. Moore, Mrs. J.M. Norman, J.W. Thomas, Mrs. M.R. Wilkinson and Ms. M. Wright.
12 APOLOGIES FOR ABSENCE –
These were received from Councillors Mrs. J.E. Charles, G.A. Cox and L.O. Rowlands.
13 MINUTES –
RESOLVED – T H A T the minutes of the meeting held on 17th April, 2018 be approved as a correct record.
14 DECLARATIONS OF INTEREST –
No declarations were received.
15 EXCLUSION OF PRESS AND PUBLIC –
RESOLVED – T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.
16 GRANT OF DRIVER LICENCES – C (EXEMPT INFORMATION – PARAGRAPHS 12, 13 AND 14) (DEH) –
Committee was requested to determine whether C was a fit and proper person to hold a Vale of Glamorgan Council Hackney Carriage and Private Hire Vehicle Driver Licence. C was present in support of the application.
The Operational Manager for Shared Regulatory Services commenced by advising that an application for the grant of a Hackney Carriage and Private Hire Vehicle Driver Licence had been received on 26th February, 2018. A copy of the relevant page of the application was attached at Appendix A to the report. At Section 8 of the application form, the Applicant had been asked to disclose all previous convictions, cautions, fixed penalty notices, warnings and / or other penalty notices regardless of whether they were deemed spent or not and regardless of the age of the conviction.
On 6th April, 2018 C had produced a DBS certificate and the report stated that details from the Disclosure certificate would be available at the meeting for Members’ consideration. C had made a previous application to the Licensing Committee which had been refused and the relevant minutes from the meeting were attached at Appendix B to the report. The full policy in relation to the treatment of convictions, cautions and charges that had been agreed by Licensing Committee on 4th March, 2014 was also attached at Appendix C for Members’ information.
The Operational Manager advised that Section 2.2 of the policy stated that “A person with a conviction for a serious offence need not be automatically barred from obtaining a licence, but would normally be expected to:
a. Remain free of conviction for an appropriate period (as set out below); and
b. Show evidence that he or she is a fit and proper person to hold a licence (the onus is on the applicant to produce such evidence).”
Following the presentation of the report and the details disclosed in relation to the DBS certificate, C was afforded the opportunity to make representations to the Committee.
Having heard the representations, Members of the Committee questioned C in relation to the contents of the report and the evidence submitted and sought clarity on a number of matters. Following this, the Committee then deliberated the matter in private.
Following the Committee’s deliberations, the Applicant and the Operational Manager were invited back into the Chamber for the Committee’s decision. It was
RESOLVED – T H A T it was the Committee’s determination that, having considered the evidence presented, the Vale of Glamorgan Taxi and Private Hire Licence Policy and having regard to 9.2 of the Policy, the Committee was satisfied that C was deemed a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver Licence and the Driver Licence Application be granted.
Reason for decision
The Committee had regard to the facts presented by the officer, the evidence presented by the Applicant and the guidelines in the Council’s Policy on fitness criteria for drivers and operators.