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Agenda and minutes

Environmental Licensing Committee
Monday, 26th November, 2018 2.00 pm

With effect from 1 April 2016 Agenda and Minutes will be available in both Welsh and English. Reports are working documents and produced in English only in accordance with Welsh Language Standard 41 of this Council’s Final Compliance Notice from the Welsh Language Commissioner.

Venue: Meeting Room 1, Guildhall

Contact: Sarah Royce  Committee Officer

Items
No. Item

38.

Sympathy

Minutes:

The Chair requested on behalf of the Committee that sincere condolences be passed on to Roger Mapleson and his family.

39.

Apologies for Absence

Minutes:

An apology for absence was submitted on behalf of Councillor Derek Wright.

40.

Confirmation of Minutes pdf icon PDF 69 KB

To sign as a correct record the Minutes of the Meeting held on 22 October 2018

Minutes:

RESOLVED – That the Minutes of the Meeting held on 22 October 2018 be signed as a correct record.

41.

Variation in Order of Agenda

Minutes:

RESOLVED – That Agenda Items 7 – 11 be brought forward and taken at this time.

42.

Exclusion of Press and Public

In considering whether to exclude the press and public from the next part of the meeting, Members are asked to consider the following factors when determining the public interest test.

 

Agenda Item 8 – 11:  The Proper Officer has determined in considering this report that Paragraph 12 should apply.  Her view on the public interest test was that to make this information public would disclose personal data relating to an individual in contravention of the principles of the Data Protection Act.  Because of this and since there did not appear to be an overwhelming public interest requiring the disclosure of personal data she felt that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

It is therefore recommended that the press and public be excluded from the Meeting during consideration of the following items as it is likely that, if they were present, there would be disclosure to them of exempt information as defined in Paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 (as amended).

Minutes:

Agenda Items 8 to 11: Members determined in considering these reports that Paragraph 12 should apply. Their view on the public interest test was that to make this information public would disclose personal data relating to an individual in contravention of the principles of the Data Protection Act. Because of this and since there did not appear to be an overwhelming public interest requiring the disclosure of personal data they felt that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

 

RESOLVED - That the press and public be excluded from the Meeting during consideration of the following items of business, as it is likely that, if they were present, there would be disclosure to them of exempt information as defined in Paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 (as amended).

 

43.

Variation in Order of Agenda

Minutes:

Members were advised that the Private Hire Driver referred to in Agenda Item 8 had not yet arrived.

 

RESOLVED – That Agenda Item 9 be brought forward and taken at this time.

44.

Private Hire Driver's Licence Application

To consider the report of the Head of Environment and Planning

Minutes:

The Head of Environment and Planning submitted a report (HEP/89/18) to consider an application for a Private Hire Driver’s Licence.  Members considered the report and the representations of the Applicant.

 

RESOLVED – That the application for a Private Hire Driver’s Licence as outlined in report HEP/89/18 be granted.

45.

Conduct of a Private Hire Driver

To consider the report of the Head of Environment and Planning

Minutes:

The Head of Environment and Planning submitted a report (HEP/94/18) to consider the conduct of a Private Hire Driver.  Members considered the report and the representations of the witnesses, the Driver and his representative.

 

RESOLVED – That the Committee find that on the balance of probability the allegations set out in report HEP/94/18 were not made out.

46.

Conduct of a Private Hire Driver

To consider the report of the Head of Environment and Planning

Minutes:

The Head of Environment and Planning submitted a report (HEP/91/18) to consider the conduct of a Private Hire Driver.  The Committee were advised that the Private Hire Driver had not informed the Licensing Department of a change of address and consequently had not received a copy of the procedure for today’s hearing.

 

RESOLVED – That consideration of report HEP/91/18 be deferred to the December meeting to allow the Private Hire Driver time to prepare for the hearing.

47.

Conduct of a Private Hire Driver

To consider the report of the Head of Environment and Planning

Minutes:

The Head of Environment and Planning submitted a report (HEP/90/18) to consider the conduct of a Private Hire Driver.  Members were advised that the Private Hire Driver was unable to attend today’s meeting and had requested that the matter be deferred to the next meeting.

 

RESOLVED – That consideration of report HEP/90/18 be deferred to the December meeting to allow the Private Hire Driver opportunity to attend.

48.

Press and Public

Minutes:

RESOLVED – That the Press and Public be not excluded from the remainder of the Meeting.

49.

Update on Review of Signage Conditions

To receive an update

Minutes:

The Licensing Officer referred to the Committee’s decision taken at the meeting held on 24 September 2018 in respect of Private Hire Vehicle licence conditions relating to signage (Minute 29 refers).  Members were advised that owing to a typographical error in report HEP/79/18 the resolution taken at the meeting which had referenced conditions 16c and 16d should have referred to conditions 7c and 7d.  Members noted the correction and resolved 

 

That Private Hire Vehicle conditions 7c and 7d be amended as follows:

 

7c        There may be displayed on the side. Bonnet and rear boot/door area of the vehicle the name, telephone number and/or website address of the Operator with whom the vehicle proprietor carries on business.  There shall be no reference to the word “Cab” or “Taxi”.  The words “Tap the App”, to be displayed bilingually, are permitted.

 

7d        Operator company logos are permitted.  With the aforementioned exceptions, no other signs, notices, advertisements, plates, marks, numbers or emblems or devices whatsoever shall be displayed on, in or from the vehicle, except as may be required by any statutory provision of these conditions, or with prior written authorisation of the Council.

50.

Amendment to Driver and Operator Conditions pdf icon PDF 90 KB

To consider the report of the Head of Environment and Planning

Additional documents:

Minutes:

The Head of Environment and Planning submitted a report (HEP/92/18) for the Committee to consider and approve proposed amendments to the conditions that apply to Private Hire drivers and operators and to Hackney Carriage drivers.

 

Members welcomed the report and supported the proposed conditions which would be subject to consultation with the trade. 

 

On behalf of the Committee the Chair thanked officers for their work in developing the conditions.

 

RESOLVED –

 

(i)         That  the following new driver conditions be approved for consultation with the trade:

 

1          Before transporting any passenger seated in a wheelchair, drivers of wheelchair Accessible Vehicles (WAVs) must:

 

a) Be familiar with the method of safely securing a wheelchair within the particular vehicle they are using.

b) Be competent to secure a wheelchair effectively within the particular vehicle they are using.

c) Have been approved by the Private Hire operator as having the above competencies.

 

2          In order to satisfy these requirements drivers must:

a) Read any instructions and documentation that relate to securing a wheelchair within the particular vehicle they are using.

b) Test fit a wheelchair with passenger to the particular vehicle they are using.

 

The above proposed conditions will enable Licensing Enforcement Officers to carry out spot checks on drivers of WAVs and require drivers to secure a passenger in a wheelchair within their vehicle.

 

(ii)        That the following new operator conditions be approved for consultation with the trade: 

         

1          Operators, or a competent person authorised by an Operator, will observe every driver of a WAV test fitting a wheelchair into a WAV to ensure that the driver can secure the wheelchair safely in the particular vehicle they will use before transporting any passenger in a wheelchair. The operator will periodically review driver competency, as a minimum every five years.

 

2          Operators will keep a record of every test fitting noting the:

               Date

               Name of the person observing the test fitting

               Name of the driver

               Badge number of the driver

               The type of vehicle used

               The vehicle registration of the vehicle used

               Whether or not the driver is deemed to be competent

 

The records will be retained and made available for inspection by the Licensing Authority.

 

3                        Operators will make the records available for inspection to Licensing enforcement.