Agenda and minutes

An apology for absence was received from Councillor H M Morris.

www.swansea.gov.uk/disclosuresofinterests

In accordance with the Code of Conduct adopted by the City and County of Swansea, the following interests were declared:

 

Councillor V M Evans – Personal – Minute No.  – Local Government (Miscellaneous Provisions Act 1976) – Application to Licence a Restricted Private Hire Vehicle – Ford Galaxy, Registration Mark WU53 JWK – Mr David Jones – Applicant is known to me.  Councillor V M Evans withdrew from the meeting prior to consideration of the item.

 

Councillor P Lloyd – Personal – Minute No.  – Local Government (Miscellaneous Provisions Act 1976) – Application to Licence a Restricted Private Hire Vehicle – Ford Galaxy, Registration Mark WU53 JWK – Mr David Jones – Applicant is known to me.  Councillor P Lloyd withdrew from the meeting prior to consideration of the item.

 

The Divisional Licensing Officer advised that an application to licence a

restricted private hire vehicle had been received from Mr D Jones.  The

vehicle was a White Ford Galaxy, registration mark WU53 JWK and was

capable of carrying six passengers. 

 

The vehicle did not comply with the current licensing criteria set out by the

Authority due to its age.  Mr D Jones wished to use the restricted private hire

vehicle, if licensed, for the purposes of school transport, airport travel and/or

executive hire only. 

 

Members noted the inspections and documents, Department of Transport, Taxi and Private Hire Licensing: Best Practice Guidance: March 2010; and the 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 restricted private hire vehicle licence in respect of the white ford Galaxy, vehicle registration mark WU53 JWK BE APPOVED and renewed on merit.

 

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 Licensing Officer detailed the background information in

respect of MSR.

 

MSR and Mr Ibrahim outlined the background details and circumstances of the disclosures by a Chief Police Officer and answered members’ questions.

 

RESOLVED that MSR’s application for a hackney carriage and private hire driver’s licence BE REFUSED.

 

Reason for Decision

 

The Members were not satisfied MSR was a fit and proper person to hold a licence as a result of admissions made by him regarding disclosures by a Chief Police Officer set out under Other Relevant information on MSR’s DBS Certificate.

 

The Members were advised they were able to and should consider this information when considering the application.

 

The Members noted MSR had been acquitted of the charge in 4^th September 2013 and that he did not agree with all the disclosures made by the Chief Police Officer regarding MSR’s involvement with a young female resulting in no further action as set out in the DBS certificate.

 

The Members were advised they were able to and should consider the disclosures made by the Chief Police Officer when considering the application.

 

Members heard from MSR that he had befriended a young female following an initial contact with her via one of his passengers he was in the process of carrying in Swansea around Nov/Dec 2014.

 

MSR admitted to subsequently having exchanged telephone numbers with the young female, buying her cigarettes and alcohol, giving her sums of money and paying for taxis she had booked to go to meet him at hotels and B&Bs for which he also paid.

 

MSR said he booked a room to enable them to talk as the female was unhappy and needed help and to avoid his wife and his community seeing him with the young female. MSR suggested he booked a room 6 to 7 times over the period he was seeing the young female.

 

MSR said he had asked the female her age at one of their initial meetings as he said she had asked for a cigarette and he thought she looked young. The young female produced ID stating a date of birth in December 1996 making her 18/19 in November/December 2014.

 

The Police evidence was that the young female was 15 in April 2015.

MSR said his actions were only to try and help the young female who said she had no money as she had lost her job and was having problems with her boyfriend/father/family.

 

MSR acknowledged at 39 he was considerably older than the young female.

 

No money had been repaid by the young female and he had not seen her since March 2015.

 

His only contact since then had been by phone asking for his money to be repaid.

 

MSR could not explain why he had continued to give the young female money time after time when she had not made any effort to repay what he had already lent her.  Also even though MSR had had numerous meetings with the young female where they had talked and he had gotten to know her he had not become suspicious of her true age or made any attempt to refer her to the proper agencies who could help her.

 

MSR admitted he deleted the young female’s number and all calls to the number in April 2015 when the police contacted him, so his wife would not find out about his contact with the young female.

 

The Members recognised the safety of the public was their paramount concern and that as a licenced driver MSR would have contact with all members of society including children and adults who could be vulnerable.

 

The Members considered, taking all relevant matters into consideration, that the conduct MSR had admitted to was inappropriate and unacceptable and he had himself been hiding it.

 

MSR did not accept his conduct was inappropriate.  Therefore the Members were not persuaded MSR was acting out of character and would not repeat all or part of his behaviour with the young female.

 

The Members were mindful that as this was a grant it was for MSR to satisfy them he was a fit and proper person to hold a drivers licence and in light of his own admissions regarding his conduct with the young female they were not satisfied he was a fit and proper person.