PUBLIC PROTECTION LICENSING COMMITTEE
Minutes of a meeting held on 2nd October, 2018.
Present: Councillors R. Crowley, Mrs. P. Drake, Dr. I.J. Johnson, K.P. Mahoney, K.F. McCaffer, Mrs. A. Moore, Mrs. J.M. Norman, L.O. Rowlands, J.W. Thomas, Mrs. M.R. Wilkinson and Mrs. M. Wright.
368 APOLOGIES FOR ABSENCE –
These were received from Councillor V.P. Driscoll (Chairman), Councillor Mrs. J.E. Charles (Vice-Chairman); Councillors G.A. Cox and O. Griffiths.
369 APPOINTMENT OF CHAIRMAN –
In the absence of both the Chairman and the Vice-Chairman, the Democratic and Scrutiny Services Officer sought nominations for the position of Chairman.
RESOLVED – T H A T Councillor J.W. Thomas be appointed Chairman for the Committee meeting.
370 MINUTES –
RESOLVED – T H A T the minutes of the meeting held on 4th September, 2018 be approved as a correct record.
371 DECLARATIONS OF INTEREST -
Councillor Dr. I.J. Johnson declared an interest in respect of Agenda Item No. 5 – Grant of Driver Licences. The nature of the interest was that Councillor Dr. Johnson through social networks was a personal friend of the Applicant. Councillor Dr. Johnson withdrew from the Committee meeting and took no part in the discussions or the vote.
372 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.
373 GRANT OF DRIVER LICENCES – B (DEH) (EXEMPT INFORMATION – PARAGRAPHS 12, 13 AND 14) –
The Committee was requested to determine whether B was a fit and proper person to hold a Vale of Glamorgan Council Hackney Carriage and Private Hire Vehicle Driver Licence. B was present in support of the application.
The Team Manager Licensing commenced by advising that B submitted an application for the grant of Hackney Carriage and Private Hire Vehicle Driver Licences on 25th July, 2018.
At Section 8 of the application form, B was asked to disclose all previous convictions, cautions, fixed penalty notices, warnings and / or other penalty notices regardless of whether they were deemed spent and regardless of the age of the conviction. B disclosed two offences.
On 31st August, 2018, B produced his DBS certificate. The disclosure certificate contained the two matters recorded on the application form.
Section 6.4 of the Policy on the Treatment of Convictions, Cautions and Charges stated:
“An application will normally be refused or an existing licence suspended or revoked where an applicant / licence holder has a conviction(s) for an offence listed below and the conviction(s) or other matter(s) to be considered is less than ten years prior to the date of the application.”
Members were advised that the list included an offence for which B had a conviction from 2012.
Having heard the representations, Members of the Committee questioned B in relation to the contents of the report, B’s verbal evidence 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 Team Manager were invited back into the room 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 6.4 of the Policy, the Committee was satisfied that B 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.