Agenda and minutes

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  C A Anderson – Personal – Minute No. 37 – I know MJW’s parents.

To approve & sign the Minutes of the previous meeting(s) as a correct record.

RESOLVED that the minutes of the General Licensing Committee held on 8 July, 2016, be agreed as a correct record.

The Divisional Officer, Licensing & Food Safety, presented a report which sought to remove the minimum engine size/capacity condition.

She detailed the background; current position; proposal; considerations and recommendations.

Members asked questions of the Officer who responded accordingly.

RESOLVED that the condition requiring that the engine capacity of the hackney carriage, private hire and restricted private hire vehicles must not be less than 1500cc be retained.

The Divisional Officer, Licensing, Food & Safety presented a ‘for information’ report detailing the results of appeals.

RESOLVED that the report be NOTED.

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 Lawyer advising the Committee advised that MJW had sought an adjournment due to errors with MJW’s DBS check. 

Members asked questions of the Officer who responded accordingly.

RESOLVED that the matter be DEFERRED to a future meeting.

The Licensing Officer, detailed the background information in respect of RBP.

RPB outlined the background details and circumstances relating to the convictions and caution and answered Members’ questions.

RESOLVED that RBP’s private hire and hackney carriage driver’s licence be renewed with a warning letter regarding future conduct.

The Divisional Officer, Licensing, Food & Safety detailed the background in respect of MAC’s request.

Members asked questions of the Officer who responded accordingly.

MAC, accompanied by his wife, provided details in support of the application and answered Members questions.

RESOLVED that MAC be granted an Exemption Certificate for a period of one year.

The Divisional Officer, Licensing, Food & Safety, detailed the background in respect of NM.

Members asked questions of the Officer who responded accordingly.

NW explained the circumstances of the convictions and answered Members questions.

RESOLVED that NW’s application for the grant of a Hackney Carriage and Private Hire Driver’s Licence be APPROVED.

The Divisional Officer, Licensing, Food & Safety detailed the background in respect of MCB.

MCB, assisted by Ms Hill, Barrister, outlined the circumstances relating to the convictions and answered Members questions.

RESOLVED that:

1)    MCB’s Private Hire and Hackney Carriage Drivers Licences be REVOKED;

2)    MCB be issued with a final warning letter (about responsibilities and compliance with statutory requirements)  in relation to the 9 restricted licences and 1 private hire vehicle licences; and

3)    MCB’s restricted private hire operators’ licence for MCB Travel be REVOKED.

Reasons for Decisions

Recommendation 1

Members no longer considered MCB a fit and proper person due to:-

Reported convictions.

Had advice on 13^th January that he needed operator’s licence and disregarded that advice and used PH vehicle on 21/1/16 without operator’s licence resulting in a conviction.

Not satisfied acted out of character and will not repeat the offence.  MCB has had a warning letter before but again allowed unlicensed drivers to drive licenced vehicles when aware of the need for a licence.  Members therefore considered a warning to be insufficient to protect the travelling public who were mainly children. 

MCB ultimately responsible for the requirements to be met and did not take steps to ensure compliance.  Not persuaded current arrangements would be sufficient to ensure compliance with all requirements.

Recommendation 3

Considered offences committed by MCB who was the sole director of MCB and matters reported and representations made were a material change and /or any reasonable cause whereby members no longer satisfied MCB is a fit and proper person to hold an operator’s licence.

Whilst the first offence of the company as MCB is sole director he is responsible for compliance with requirements and Members found he did not take sufficient steps to protect the travelling public, in particular children, by adequately monitoring the vehicles/drivers being operated.

MCB had advice on 13^th January, 2016, that he needed an operator’s licence and disregarded that advice and used a private hire vehicle on 21 January, 2016 without an operator’s licence resulting in a conviction.

Members were not satisfied that action taken by MCB against an employee is sufficient to protect the travelling public.

Members did not consider another warning letter sufficient to protect the travelling public who were mainly children.  As a further similar offence had been committed by MCB after a previous warning whereby an unlicensed driver was allowed to use a licenced vehicle and restricted private hire vehicles being hired without the required operator’s licence.