Agenda and minutes

No apologies for absence were received.

In accordance with the Code of Conduct adopted by the City and County of Swansea, no interests were received.

To approve and sign as a correct record the minutes of the General Licensing Committee held on 14 May, 2015 and 19 May, 2015.

RESOLVED that the Minutes of the General Licensing Committee held on 14 May, 2015 and 19 May, 2015 be approved as correct records.

The Terms of Reference were noted.

Members’ viewed the vehicle.

The Senior Licensing Officer advised that an application for a private hire vehicle licence had been received from Mr D Jones.  The vehicle was a white Ford Focus type, Registration Mark EU59 GG0 and was capable of carrying 4 passengers.

Members’ noted the Inspections and Documents, Department of Transport Taxi and Private Hire Licensing: Best Practice Guidance: March 2010; and Legislation relating to the Licensing of Private Hire Vehicles.  

Members asked questions of Mr D Jones who responded accordingly.

RESOLVED that the application made by Mr D Jones for a Private Hire Vehicle Licence in respect of the Ford Focus, Registration Mark EU59 GG0 be GRANTED and renewed on merit.

Members’ viewed the vehicle.

The Senior Licensing Officer advised that an application for a hackney carriage vehicle licence had been received from Mr T Ali.  The vehicle was a black Volkswagon Transporter Registration Mark CU05 FTF and was capable of carrying 8 passengers.

Members’ noted the background, Department of Transport Taxi and Private Hire Licensing: Best Practice Guidance: March 2010; Hackney Carriage Vehicle Policy and the previous proposal to allow the licensing of second hand Hackney Carriage vehicles. 

Members asked questions of the Officer and Mr T Ali who responded accordingly.

RESOLVED that the application made by Mr T Ali for a hackney carriage vehicle licence in respect of the black Volkswagon Transporter, registration mark CU05 FTF be GRANTED with the inclusion of the following condition “the step place and fixings used to facilitate wheelchair access must be securely stored and kept in the vehicle at all times and be safely secured before the ramps are positioned for the loading of the wheelchair”.

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)

The Divisional/Senior Licensing Officer detailed the background information in respect of JJH.

JJH detailed the background details and circumstances of his request and answered Members’ questions.

RESOLVED that JJH’s request for an exemption from carrying wheel chair users in his hackney carriage vehicle be APPROVED and such exemption be renewed on merit by Licensing Officers.

The Divisional Officer, Trading Standards, advised that LA had failed to attend the meeting.

The Lawyer advising the Committee confirmed that in the absence of written confirmation from LA, no other individual would be able to represent her at the Committee.  He outlined the options available to the Committee when determining the matter.

The Divisional Officer, Trading Standards, advised that an application for a Street Trading Consent had been received by LA to trade within the City and County of Swansea.

The Divisional Officer, Trading Standards, detailed the background details in respect of LA.

Members asked questions of the Officer who responded accordingly.

RESOLVED:

a.     The matter be dealt with in LA’s absence;

b.    LA’s request for Street Trading Consent be REFUSED.

Reason for Decision

Having taken account of the evidence presented in the report, and the regular and consistent  breaches of paragraph 7, sub paragraph 5 (section 4) of the Local Government (Miscellaneous Provisions) Act 1982, which included obstruction to the street and/or danger to people using it; or nuisance or annoyance. 

Examples have been raised by Parks and Foreshores and Regeneration that they were trading on incorrect sites and areas where trading was not permitted. 

Attempts were made to engage with LA to address the problems raised, however these invitations were not taken up.

LA had been told that her employees had been breaching conditions, however, persistent offending continued.