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Disclosures of Personal and Prejudicial Interest. Minutes: In accordance with the Code of Conduct adopted by the City and County of Swansea, no interests were declared. |
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To approve & sign the Minutes of the previous meeting(s) as a correct record. Minutes: RESOLVED that the minutes of the General Licensing Committee held on 10 March, 2017 be agreed as a correct record. |
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Exclusion of the Public. PDF 70 KB Minutes: The Committee was requested to exclude the public from the
meeting during the consideration of the items of business identified in the
recommendations to the report on the grounds that it involved the likely
disclosure of exempt information as set out in the exclusion paragraph of 12A
of the Local Government Act 1972, as amended by the Local Government (Access to
Information)(Variation)(Wales) Order 2007, relevant to
the item of business as set out in the report. The Committee considered the Public Interest Test in
deciding to exclude the public from the meeting for the items of business where
the Public Interest Test was relevant, as set out in the report. It was RESOLVED that the public be excluded for the
following items of business. (CLOSED SESSION) |
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Town Police Clauses Act 1847 - Local Government (Miscellaneous Provisions) Act 1976 - Application for a Hackney Carriage and Private Hire Driver's Licence - JW. Minutes: The Divisional Officer, Licensing, Food & Safety, detailed the background in respect of JW. JW explained the circumstances of the convictions and answered Members questions. RESOLVED that JW’s application for the grant
of a Hackney Carriage and Private Hire Driver’s Licence be REFUSED under sections 51, and 59
of the Local Government (Miscellaneous Provisions) Act 1976. Reason for Decision 1.
A taxi
driver holds a very responsible position & a large number of persons depend
on taxi drivers in or around the Swansea area. It is paramount, therefore, that
a driver is a fit and proper person. 2.
The
Committee were satisfied the convictions for theft in 2015 were very serious. 3.
The
Committee heard orally from JW, and the contents of both letters – including
one from the local MP - were read. The Committee
considered whether it should depart from its Guidelines. Ultimately, due to the
severity of the convictions, Members were not satisfied that it was appropriate
to reasonable depart from the Guidelines having regard to all the
circumstances. 4.
Members
were not satisfied that JW was a fit and proper person and the Committee
considered it necessary to apply the Guidelines which requires a driver should
be able to demonstrate a period of three to five years free of any convictions. |
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Town Police Clauses Act 1847 - Local Government (Miscellaneous Provisions) Act 1976 - Application for the Grant for the Grant of a Hackney Carriage and Private Hire Driver's Licence - LS. Minutes: The Divisional Officer, Licensing, Food & Safety, detailed the background in respect of LS. LS, assisted by Mr Warren, Solicitor, explained the circumstances of the convictions and answered Members’ questions. RESOLVED:
that LS’s
application for the grant of a Restricted Hackney Carriage and Private Hire
Driver’s Licence be APPROVED under sections 51, and 59 of the Local
Government (Miscellaneous Provisions) Act 1976. |
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Town Police Clauses Act 1847 - Local Government (Miscellaneous Provisions) Act 1976 - Application for the Grant of a Hackney Carriage and Private Hire Driver's Licence - SMS. Minutes: The Divisional Officer, Licensing, Food & Safety,
detailed the background in respect of SMS. SMS explained the circumstances of the convictions and
answered Members questions. RESOLVED that SMS’s application for the grant of a Restricted Hackney Carriage and
Private Hire Driver’s Licence be APPROVED under
sections 51, and 59 of the Local Government (Miscellaneous Provisions) Act
1976. |
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Local Government (Miscellaneous Provisions) Act 1976 - Dual Badge Driver - SCT. Minutes: The Divisional Officer, Licensing, Food & Safety,
detailed the background in respect of SCT. SCT, accompanied by Mr Warren, Solicitor, explained the
circumstances of the convictions and answered Members questions. RESOLVED that SCT be issued with a strong warning letter and
no further action be taken in respect of SCT’s hackney carriage and private
hire licences. |
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Equality Act 2010 - Assistance Dogs in Taxis - Request for an Exemption Certificate - TAA. Minutes: The Divisional Officer, Licensing, Food & Safety,
detailed the background in respect of TAA. TAA, accompanied by Mr Warren, Solicitor, explained the
circumstances of the convictions and answered Members questions. RESOLVED that TAA’s application for an exemption certificate in relation to assistance
dogs in taxis and private hire vehicles be REFUSED
under sections 169, and 171 of the Equality Act 2010. Reason
for Decision 1.
The
Committee felt that a taxi driver holds a very responsible position and a large
number of people depend on taxi drivers for mobility which includes vulnerable
and disabled passengers. 2.
The
Committee will grant an exemption certificate in circumstances where they are
content and satisfied with the medical evidence provided. Members were of the
view that the two letters from the GP surgery did not provide sufficient detail
as to how the medical condition effected and/or affects TAA. The Committee were
concerned that the GP(s) had not witnessed the effects of the allergy or saw
the extent of its affects. 3.
Furthermore,
the Committee noted that TAA has not undergone any assessment by a medical
practitioner. It appeared to the Members
that TAA informed the pharmacist and GP(s) and they have made diagnoses on the
information TAA provided. 4.
TAA
confirmed no allergy test has been conducted. The Members noted that such
documentary evidence would have been useful 5.
Subsequently,
there was a lack of medical evidence, as no document submitted by TAA formally
confirms TAA suffers from an allergy to dogs. 6.
TAA
confirmed on the last occasion whereby hives appeared was during October 2016 –
some six months ago. 7.
The
Committee raised further concerns with the lack of medical evidence as there
were unsure whether TAA suffered from an acute or chronic allergy. 8.
TAA was
not able to confirm how long, after being in contact with dogs, it would take
to have an effect. Additionally, it was not made clear the length of time it
would take for the symptoms to subside. TAA was unsure, and unable to confirm,
how near a dog would have to be in proximity before TAA’s symptoms would
appear. 9.
Save
for an itch on TAA’s skin, it was unclear why an exemption certificate would be
required. It was not clear how the allergy affects TAA’s ability to drive. 10. Members noted that TAA knew of the taxi
conditions and a taxi driver was to disclose a medical condition - which may
affect their driving - to the Licensing Authority. The Committee were concerned
that TAA knew of the allergy in October 2017 but did not request an exemption
certificate until 16th December 2016 – a short while after a
complainant complained. 11. The Committee felt that there was not enough
sufficient evidence before them to grant an exemption certificate. |
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Equality Act 2010 - Passengers in Wheelchairs - Request for an Exemption Certificate - WJG. Minutes: The Divisional Officer, Licensing, Food & Safety,
detailed the background in respect of WJG and reported that WJG had stated he
was unable to attend the meeting and requested that the Committee dealt with
the matter in his absence. RESOLVED that consideration of WJG’s application for an exemption certificate in relation to passengers in wheelchairs be DEFERRED to a future meeting. |