Beth mae cynghorau ledled Cymru wedi delio ag ef yn fwyaf diweddar, y newyddaf yn gyntaf, a'r cyfarfodydd sydd i ddod. Dewiswch gyngor neu bwnc i gyfyngu'r rhestr.
RESOLVED: that
(1) the updated Budget Position for 2025/26 at Provisional Settlement Stage be noted.
(2) the proposed approach to Budget Consultation for 2025/26 be agreed, and subject to that agreement:
· Note that the formal budget consultation will commence on the 9th January 2025 and run until 5th February 2025. The results of the consultation process will then be considered by Cabinet in preparing their final 2025/26 budget proposal.
RESOLVED – That the following matters be dealt with as indicated:
(1)
Application 1
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that a complaint had been received stating that he attempted to charge a customer an extra amount for paying by debit card and was attempting to charge a fixed fee and not utilise the calibrated meter in the vehicle.
Addressing the Sub Committee, the driver explained that he had taken card payments long before it was mandatory to offer them, and often picked up passengers near the train station who did not have cash on them. On the night in question, at about 1am he saw the witness waiting for a taxi and asked him if he needed to pay by card, which he did. The passenger asked how much it would be to go to Penylan, which he said would cost about £10.
The driver added that he had accidentally pressed the £1 extra button on SumUp while waiting to leave the rank but did not intend to charge this. He was aware of the rules against charging more than was on the meter, even though he had to pay fees on card payments. The driver suggested that during the journey, the passenger was upset and rude. After arriving at the destination, they paid the £9.30 fare listed on the meter by card and then took pictures of the inside and outside of the car. The passenger was not charged anything extra, which the receipt showed.
The driver’s representative added that there had been no previous complaints against the driver, and he had been taking card payments for six years now without ever being accused of trying to charge more than what was on the meter.
Responding to questions from the Sub Committee, the driver emphasised that he knew it was not legal to charge a transaction fee for card payments, and stressed that he had added the £1 fee by mistake at the start of the journey and then not tried to charge it at the end. He also emphasised that he had not asked for a fixed fee, but had just said that a trip to Penylan would likely be around that amount, and then put the meter on as requested.
The witness recalled that he had hailed a taxi at the bottom of St Mary’s Street on a Friday night, which was always busy. He found a taxi which was willing to take card, as he didn’t have cash and this was before a card reader became a requirement. He asked the driver if he could go to Penylan and the driver said ‘£10’. The witness said ‘we’ll see what the meter says’, because he was aware of the requirements for journeys within the city boundaries. The driver then said there would be a £1 fee, which he disputed.
The witness insisted that he had not been rude or angry. At the end of the journey, as he exited the vehicle he took a photo of the numberplate, because he didn’t think it was right that the driver had tried to charge him a fixed fare within the city boundaries.
Members asked what the fee was at the end of the journey. The witness responded that he paid £9.30 and suggested that the photo he took of the meter showed a £9.30 total with a £1 fee having been added to it. The driver clarified that the £1 fee had not been added to the fare, as he had to press an extra button to add this on before taking payment, but did not do this because he had pressed the £1 button accidentally.
The driver added that he had never been accused of overcharging before, and he always used the meter even when he went outside of the boundaries to places like Penarth.
The driver’s representative suggested that the situation may have stemmed from a misunderstanding when the driver advised that the likely cost to go to Penylan would be around £10, which the passenger interpreted as a fixed fare.
RESOLVED – that no further action be taken.
(2)
Application 2
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that he had 9 penalty points on his driving licence.
Addressing the Sub Committee, the driver explained the offences and acknowledged complacency on his part, particularly regarding two of his speeding offences which had occurred in the same week. At the time he was going through a personal crisis with his partner being ill in hospital, and he failed to notice a recent change in speed limit in an area from 40mph to 30mph.
Members asked why the driver had only declared 6 penalty points when renewing his licence when he actually had 9. The driver explained that the second offence in that week, in June 2023, was not actually penalised until the following February, which he still did not understand. He had paid the fine initially but then had it reimbursed in December 2023, so he assumed it had been a mistake and they had charged him twice for the same offence. In January 2024 he was summoned to court and told that he hadn’t paid the fine. He co-operated in every way he could and accepted his punishment for speeding, which ended up being a larger fine than the original one. At the time he renewed his application, he believed there were only 6 points on his licence.
Responding to questions from the Sub Committee, the driver explained that the two offences in the same week were committed on Manor Way. The driver added that he drove past there almost every day because he lived nearby. He was not making excuses but felt there were some mitigating circumstances on his mind when he failed to notice the change to a 30mph road, and he did not deny that he was speeding.
Members noted that with 9 points now on his licence, he would need to be very careful in order to keep driving at all. The driver agreed and stressed that he was very aware of this. Taxi driving was very important to him because it allowed him to work flexibly and care for his wife. He reiterated that the offences had been a temporary lapse of judgement which he had owned up to.
RESOLVED – that no further action be taken.
(3)
Application 3
The Sub Committee was asked to consider an application for a Hackney Carriage / Private Hire Driver’s License given that he had a conviction contrary to the guidance.
Addressing the Sub Committee, the driver stated that he had made a big mistake six years ago, while he was new in the country and had been drinking. He had sexually assaulted a woman who reported him to the police, and he had accepted a caution for this and apologised.
Members asked why he had not declared this on his application form. The driver explained that he didn’t know that he needed to at the time, having only been in the UK for a year and only having had limited English skills then. At the police station he had come under the impression that accepting the caution and apologising would be the end of the matter. He didn’t know it would show up on his application but he needed a job and didn’t want to be turned down. He felt very ashamed, both for what he did and for not declaring it.
RESOLVED – that the application for a Hackney Carriage / Private Hire Driver’s Licence be refused.
(4)
Application 4
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that he had been issued with a caution by South Wales Police which he did not declare on his renewal application.
Addressing the Sub Committee, the driver explained that he had received a caution for battery in 2022 after an incident between him and his wife. He pushed her and she called the police, and he was arrested and released with a caution. When it came to renew his licence, he misunderstood the question and thought it only referred to convictions, not cautions.
Members asked why he had not declared the caution immediately in 2022, let alone failing to do so in 2024 upon renewal. The driver responded that he didn’t realise it was something he had to declare as he had been released straight away. He had understood it as a warning rather than something on his permanent record, and apologised for this.
Members suggested that having been a taxi driver since 2008, he would have renewed his licence several times before, and should have been aware of the need to inform the licensing authority as soon as possible if he committed any sort of offence. The driver apologised and reiterated that he was under the impression that a caution was more like a warning.
The driver added that in 16 years in the trade he had never had any incidents of this or any other nature. The offence was something in his private life which he and his wife had now resolved.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be suspended for 28 days, and the driver receive a written warning.
(5)
This case was deferred to the next meeting.
RESOLVED: That the public be excluded during the discussion on the following item of business on the grounds that, if members of the public were present during the discussion, because of the nature of the business to be transacted there would be disclosure to them of the exempt information as defined in Part 4 of Schedule 12A of the Local Government Act 1972 and as described below:-
Paragraph 12 – Information relating to an applicant to become an employee of the Authority; and
Paragraph 13 – Information which was likely to reveal the identity of an individual.
Caerdydd, Appointments Committee - Principal Solicitor (Litigation), OM2,
RESOLVED: Pursuant to this Committee’s delegated powers the following development management applications be determined in accordance with the recommendation set out in the reports of the Director of Planning, Transport and Environment, subject to any further amendments as detailed below and notification be given of the decisions in accordance with Section 70 of the Town and Country Planning Act 1990 or Section 74 of the Planning (Listed Building & Conservation) Act 1990.
APPLICATIONS GRANTED
24/01293/FUL – PONTCANNA
Pontcanna Mews, Kings Road, Pontcanna, Cardiff
Retention of Change of use of existing Retail premises (Use Class A1) and to allow Flexible Use of the premises for Retail (Use Class A1), Financial and Professional Services (Use Class A2), Food and Drink (Use Class A3), Business (Use Class B1), Beauty Salon (Sui-Generis) and Tattoo Studio (Sui-Generis), including the use of the external courtyard for purposes ancillary to these uses and retention of a Covered Structure to provide outdoor seating.
The application was granted subject to amendment of the following conditions:
Condition 3
Members of the public shall only be admitted or allowed to remain on the premises, including the Covered Structure hereby approved, related to any use within Class A3 of the Schedule to the Town and Country Planning (Uses Classes) Order 1987 (or any Order amending, revoking, or re-enacting that Order), between the hours of 08:00 and 18:00 Sunday to Thursday and between 08:00 and 20:30 on Friday and Saturday.
Condition 4
The external areas of the premises, including the Covered Structure hereby approved, shall only be permitted to be used for any purpose, except for means of access, between the hours of 08:00 and 18:00 Sunday to Thursday and between 08:00 and 20:30 on Friday and Saturday.
Condition 5
The premises shall not be used for purposes within Class B1 and A3 of the Scheduled to the Town and Country Planning (Uses Classes) Order 1987 (or any Order amending, revoking, or re-enacting that Order) that creates noise audible at the boundary of the nearest residential property outside of the hours of 07:45 and 17:15 Sunday to Thursday and 07:45 and 20:45 on Friday and Saturday.
And subject to the addition of the following conditions:
Condition 11
There shall be no provision of any music or any amplified sound at the premises that would be audible at the boundary of any residential property.
Condition 12
Within one month of the date of this planning permission a solid means of enclosure, of a minimum of 1.8m in height and a maximum of 2m in height, shall be provided to the boundary of all residential properties adjoining the site which provides for no visibility to the neighbouring properties.
24/00084/FUL – RHIWBINA
Land at the rear of 19A Heol Y Coed, Coed Ceirios, Rhiwbina, Cardiff
Erection of a 2 storey dwelling with associated landscape works.
The application was granted, subject to additional wording in Condition 3:
Construction Environmental Management Plan
No development, including site clearance, shall commence until such time as a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall, as a minimum, include the following:
- Details of site hoardings, site access and wheel washing facilities
- A strategy for the delivery of plant and materials
- The parking of vehicles of site operatives and visitors
- Loading and unloading of plant and materials
- Restrictions on deliveries, removal, loading and / or unloading of plan and materials during school pickup and drop off times.
- Storage of plant and materials used in constructing the development
- A plan identifying the location of any site compound
- The erection and maintenance of security hoarding
- Control of Nuisances: details of restrictions to be applied during construction including timing, duration and frequency of works; details of measures to minimise noise and vibration; details of dust control measures and measures to monitor emissions of dust arising from the development; measures to control light spill and the conservation of dark skies.
- Traffic Management: access routes (including any temporary traffic regulation orders required) and traffic management
- Details of the persons and bodies responsible for activities associated with the CEMP and emergency contact details.
All development shall be undertaken in full accordance with the approved CEMP.
APPLICATIONS GRANTED SUBJECT TO A BINDING SECTION 106 AGREEMENT
24/01603/FUL – LLANEDEYRN
Land west of St Teilos High School
Proposed Development of 53 Council Homes, Nine Supported Living Apartments, Re-Alignment of Footpath, Sustainable Drainage Proposals, Landscape Planting Including an Ecotone and Associated Works.
APPLICATIONS DEFERRED
23/02600/FUL – LLANDAFF
Land at Radyr Court Close
Erection of affordable houses together with access, landscaping, drainage, engineering and other associated works.
(Councillor Driscoll left his seat as a member of the Committee during this item in order to speak as a Ward Councillor, and did not vote in accordance with his prejudicial interest)
The application was deferred for reasons for refusal relating to loss of amenity / open space and ongoing flood concerns, including the failure of flood defences.
24/01641/DOC – WHITCHURCH AND TONGWYNLAS
Land to the north-west of Whitchurch Hospital playing fields, Whitchurch, Cardiff
Re-discharge of Condition 20 (Drainage) of 17/01735/MJR subsequently varied under 20/02632/MJR.
The application as deferred until January 2025 as the Committee ran out of time.
RESOLVED: that
a) the proposed approach for rent and service charge setting for Council owned dwellings for financial year 2025/26 be approved.
b) the financial pressures on the HRA be noted.
c) the support available for tenants who may be struggling financially be noted.
RESOLVED: that
1) the Special Procedures functions which are required by law to be discharged by the statutory Licensing Committee, within its approved Terms of Reference, and the proposed arrangements in this regard, as set out in paragraph 10 of the report be noted;
2) the delegation to the Shared Regulatory Services Joint Committee of all Executive functions under the following Parts of the Public Health (Wales) Act 2017 and regulations made thereunder be approved:
(i) Part 3 Chapter 1, Smoke free premises, places and vehicles;
(ii) Part 4, Special Procedures; and
(iii) Part 5, Intimate piercing on children;
3) It be noted and agreed that the Shared Regulatory Services Joint Committee will be responsible for granting all authorisations and delegations required by the Head of the Shared Regulatory Service and SRS officers in order to effectively discharge the delegated functions;
4) the amendment of the SRS Joint Working Agreement to reflect the arrangements approved under recommendations 1, 2 and 3 above be approved; and
5) the Director of Governance & Legal Services be authorised, in consultation with the relevant Cabinet member, to agree the terms and execute the required Deed of Variation to the Joint Working Agreement.
RESOLVED: that
1) the procurement process for the appointment of a preferred bidder for the Cardiff and Vale Housing Partnership (CVHP) be noted.
2) the outcome of the Competitive dialogue procurement process which identifies the preferred bidder be noted and the appointment of the preferred bidder identified in Exempt Appendix A as our development partner for the CVHP be approved.
3) the list of specific development sites to be included within the partnership programme be approved to enable a defined development pipeline for the life of the partnership.
4) authority be delegated to the Corporate Director People & Communities in consultation with the Cabinet Member for Housing and Communities to conclude all matters arising from this report required to conclude the appointment of preferred bidder, including:
a. Approve the final contract wording and enter into the Partnership Agreement for the whole programme with the preferred bidder.
b. Subsequently enter into (pursuant to the terms of the Partnership Agreement) Pre-Contract Services Agreements, Construction Contracts and Development Agreements (as the case may be on a site-specific basis) and any other ancillary contracts or agreements as sites are drawn down in line with Site Approval Process set out in Exempt Appendix D following all necessary due diligence and confirmation that the scheme is within viability parameters.
RESOLVED: that the content of the Corporate Risk Register and the process in place to effectively manage the Council’s Risk Management Strategy be noted.
RESOLVED: that the following resolutions be approved:
1. the calculation of the Council’s tax base for the year 2025/26 be approved.
2. that pursuant to this report and in accordance with the Local Authorities (Calculation of Tax Base) (Wales) Regulations 1995, as amended, the amount calculated by Cardiff Council as its Council Tax Base for the year 2025/26 shall be 153,582.
3. that pursuant to this report and in accordance with the Local Authorities (Calculation of Tax Base) (Wales) Regulations 1995, as amended, the amounts calculated by the Council as the Council Tax Base for the year 2025/26 in the community areas subject to a precept shall be as follows:
Lisvane
3,200
Pentyrch
3,798
Radyr
4,169
St. Fagans
2,037
Old St. Mellons
2,692
Tongwynlais
835
4. that the arrangements for the payment of precepts in 2025/26 to the Police and Crime Commissioner for South Wales be by equal instalments on the last working day of each month from April 2025 to March 2026; and to the Community Councils, be by one payment on the first working day of April 2025, reflecting the same basis as that used in 2024/25; and the precepting authorities be advised accordingly.
RESOLVED: that
• the mid-year assessment of the Council’s performance as set out in this report and Appendix A, including the delivery of key commitments and priorities at the end of Quarter 2 of 2024/25, and the actions being taken to ensure the effective delivery of the Corporate Plan 2024-27 be noted.
• the response to any recommendations made by the Policy Review and Performance (PRAP) Scrutiny Committee in relation to the draft mid-year assessment be considered and agreed.
• Authority be delegated to the Chief Executive, in consultation with the Leader of the Council and Cabinet Member for Finance, Modernisation & Performance to make any consequential amendments to the draft mid-year assessment required to reflect the response to PRAP Scrutiny Committee recommendations (agreed under recommendation 2).
RESOLVED: that the monitored results gathered in 2023 be noted and accepted and the 2024 Annual Progress Report (as attached as Appendix 1) be approved for submission to Welsh Government for approval by the 31st of December 2024.
Caerdydd, Community & Adult Services Scrutiny Committee,
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
Caerdydd, Community & Adult Services Scrutiny Committee,
RESOLVED – That the public be excluded from the meeting at this point during consideration of this item as the Committee discussed exempt information of the description contained in paragraphs 14, 16 and 21 of Parts 4 and 5 of Schedule 12A of the Local Government Action 1972. The public may be excluded from the meeting by resolution of the Committee pursuant to Section 100A(4) of the Local Government Act 1972 during discussion of this item.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations of the Committee when discussing the way forward.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
Caerdydd, Policy Review and Performance Scrutiny Committee,
AGREED: that the Chairperson, on behalf of the Committee, writes to the Cabinet Member conveying the observations and recommendations of the Committee when discussing the way forward.
RESOLVED – That the following matters be dealt with as indicated:
(1) Application 1
This item was deferred to a later meeting.
(2) Application 2
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that information had been received stating that he allegedly committed four speeding offences, but when contacted by police regarding these offences, returned documents with details stating that other drivers committed these offences. It was also alleged that when questioned by Licensing Officers, the driver stated that someone in his household had returned the documents. The driver had also disclosed a driving offence which was not on his licence.
Addressing the Sub Committee, the driver stated that he accepted responsibility for the speeding offences as he was the only person who drove his taxi, but he believed that someone else had filled out the inaccurate forms. He had had some family problems in the last few years and was worried that someone might have filled in the forms maliciously to get him in trouble.
The driver’s representative reiterated that the driver accepted responsibility for the speeding offences, and added that he would have filled in the paperwork accurately and responsibly had he received it. He had been driving a taxi in Cardiff for nearly twenty years with a very good record. He hoped that the Sub Committee would take into account that taxi driving was his sole source of income and he needed to support his family.
Responding to questions from Members, the driver confirmed that he did not know any of the names provided in the paperwork, and did not think the forms were in his handwriting.
The witness, representing South Wales Police, stated that in his view, the only reason the forms would have been filled in falsely would have been to help the driver avoid a penalty for speeding. He did not accept the explanation that they had been filled out maliciously by someone else, as they had resulted in the driver getting away with several speeding offences until he was eventually caught out.
Members queried the supporting documentation and heard that the driver had initially provided a copy of an informal rental agreement with another individual for temporary use of the vehicle. South Wales Police had not been able to track down this person and confirm that they either existed or had the required licence and insurance to drive a taxi. The witness suggested that having initially been caught speeding, the driver had claimed someone else was driving, only to realise that this would be a breach of the insurance and then admit it was him.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be revoked.
(3) Application 3
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that a complaint had been received stating that he refused to take an assistance dog, claiming he had a medical condition.
Addressing the Sub Committee, the driver recalled that on the day in question he was suffering from bad hay fever which was making him itch and sneeze. He accepted the job, but when he saw it was a dog he called Dragon Taxis and apologised for not being able to take the passenger. The operator explained that he wasn’t allowed to refuse a guide dog but he had to insist because it was a medical issue. He was very sorry to have inconvenienced the passenger, and would not do it again.
The driver’s daughter added that he had a history of hay fever and medical records to support that. It could be triggered around pets and it was hard to drive when he was sneezing and coughing. He felt it was better to arrange an alternative, but did not intend to offend or dismiss the customer in any way. He had never had another complaint and had already been suspended by Dragon Taxis for a month for this incident.
Responding to questions from Members, the driver said that he was unaware that he could apply for a medical exemption certificate which would allow him to not take assistance animals. Rather than a specific allergy to dogs, it was hay fever which could sometimes be exacerbated by them. He understood that without an exemption certificate, he was legally required to take them.
Addressing the Sub Committee, the witness recalled that she booked a taxi from Leckwith to Barry at about 8:15pm. She could see on the Dragon app that the driver who had accepted the job was at the traffic lights nearby, so she went out to wait for him, only to see him do a U-turn and park on the opposite side of the road. It was dark so she didn’t approach the car. She then got a call from Dragon asking whether it was a guide dog, which she confirmed.
The witness emphasised that the driver should have come over and spoken to her in person if he was unable to take her and her dog. The operator had not explained why the driver was not willing to take the dog. She found it humiliating and exhausting to have to fight for equality to access a taxi.
The Sub Committee listened to recordings of the two calls in question provided by Dragon Taxis, one with the passenger and one with the driver.
The driver apologised to the witness for his mistake, which he assured her would never happen again. He had never turned down taking a dog before and understood that it was required as part of his licence.
RESOLVED – that the driver receive a written warning, and be required to complete the relevant SQA course within twelve weeks.
(4) Application 4
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that a complaint had been received stating that he had 11 points and £300 in fines on his driving licence. This was in respect of 3 speeding offences, 2 other speeding offences where he was fined £290 and £250, and a further speeding offence for which he attended a speed awareness course. None of this information was provided by the driver, as required in Section M of the Hackney Carriage and Private Hire Drivers Licence Conditions.
Addressing the Sub Committee, the driver stated that he had committed six speeding offences and made a mistake when filling out the necessary forms, because he thought he was driving his private car when it was actually his taxi. He went to court for the offences and received 11 points in total, and had sent evidence of his offences to the licensing authority.
The witness, representing South Wales Police, explained that this case had been flagged due to the six offences occurring in a short space of time, and during the investigation it was discovered that the driver had nominated two different people who were found not to be insured on the taxi. He was sceptical of the suggestion that the driver could have been confused about which car was involved, as each NIP form displayed the make, model and registration in bold capital letters on the front page. The witness suggested that the driver had only now decided to tell the truth having gone to court for the six offences, where he had agreed a deal to take 11 points and be able to continue driving.
The driver responded that his confusion over the vehicle was due to him being new to driving the taxi at the time, and the two cars having similar numberplates. He had also suffered a number of family tragedies around that time which would have contributed to his stressful situation. Members queried whether a picture of the vehicle would have been provided in the letter, which the Legal Officer clarified was not automatic although it could be requested.
The driver’s representative summarised that the driver had believed the speeding offences had each been committed in his private vehicle rather than his taxi, and had provided the real names of his friends and family who had been using the other car at that time. He now accepted that he was mistaken and had been driving his taxi on each occasion. He had since been punished in court for each offence with fines and penalty points.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be revoked.
(5) Application 5
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that he had declared a caution for battery.
Addressing the Sub Committee, the driver stated that he did not feel that battery was an accurate description, as it related to a domestic dispute where he and his wife had both pushed each other. The Legal Officer clarified that the definition of battery included physical contact and not necessarily hitting or wounding. The police had found sufficient evidence to charge him with it, and by accepting the caution, he had admitted the offence.
The driver’s wife added that he was not a violent person at all but they had had a bad day, and he had then misunderstood what he was admitting to when he accepted the caution due to not speaking English as a first language. She hoped that Members would take into account that they had a mortgage and children to support.
Responding to questions from Members, the driver stated that he had been unaware of the duty to inform the licensing authority of any offences, and would do so straight away if anything happened in the future.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be suspended for one week, and that the driver receive a written warning.
(6) Application 6
The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that a complaint had been received stating that the driver was alleged to have provided false information to South Wales Police in relation to identifying the driver following a speeding offence notification.
Addressing the Sub Committee, the driver stated that he had received a speeding ticket and spoken to a friend about it, who advised him to put down a false name as it was his second offence. This was a stupid mistake which he never should have done. He had learned the hard way and apologised.
The witness, representing South Wales Police, stated that the driver had now accepted that he lied on his form, but previously sent a fraudulent insurance document to back it up. The witness had spoken to the company in question, who made clear that they had not issued the policy. The driver had been able to plead guilty to the original speeding ticket rather than to lying on his form, receiving three points rather than six and a smaller fine. He had knowingly and deliberately lied to the police, and offered no defence other than that he didn’t want a ticket.
The driver’s representative asked that the Sub Committee take into account the circumstances of the case. The driver had accepted that he had lied and given the reasons behind that. There was a scam going round where drivers were misled by individuals promising that they could make offences go away in return for money. The driver had not been honest at the outset but had been now, and he understood the importance of honesty and integrity when serving the public. He categorically assured Members that he would never do anything like this again, and would help with further inquiries into the issue.
The witness suggested that the driver knew from the start what he needed to do to declare his offence properly, having previously received a speeding ticket and complied with the legal requirements, but chose not to this time. He compounded the issue by continuing to knowingly lie, and only told the truth after being caught.
Members asked how many points the driver had on his licence in total, and heard that he had six.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be revoked.
RESOLVED –
(1) T H A T the Final Statement of Accounts and Annual Governance Statement
at Appendix A and B to the report respectively, be approved.
(2) T H A T delegate authority be granted to the S151 Officer in liaison with the
Chair of the Governance and Audit Committee to make any final adjustments to the
Final Statement of Accounts and Annual Governance Statement as necessary.
(3) T H A T the response to the Audit Wales Audit Enquiries at Appendix C to the
report be noted.
(4) T H A T the Audit Wales ISA260 and management actions agreed by the Vale
of Glamorgan be noted.
December 02 Minutes and DN (JLT)
(5) T H A T the Letter of Representation attached at Appendix E to the report be
approved.
Reasons for decisions
(1) Council is the body responsible for the final approval of the Statement of
Accounts and Annual Governance Statement.
(2) The Audit of the Statement of Accounts and Annual Governance Statement is
complete.
(3) Audit Wales has written to both offices and those charged with governance
with a set of queries to provide assurance on fraud, legal and related parties.
(4) The ISA260 is for noting and any adjustment required have been made in the
Statement of Accounts and Annual Governance Statement being put forward for
approval.
(5) To enable the submission of the Letter of Representation ahead of the sign off
of the Accounts by the Auditor General.
RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute
No. C131, 10th October, 2024 (as set out in Section 15.14.2(ii) of the Council’s
Constitution) be noted.
Reason for decision
The reporting of the use of the Urgent Decision Procedure is a requirement of the
Council’s Constitution.
FINAL VALE OF GLAMORGAN COUNCIL ANNUAL SELF-ASSESSMENT REPORT 2023/24 (REF)
RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute
No. C134, 10th October, 2024 (as set out in Section 15.14.2(ii) of the Council’s
Constitution) be noted.
Reason for decision
The reporting of the use of the Urgent Decision Procedure is a requirement of the
Council’s Constitution.
CO-ORDINATED ADMISSION ARRANGEMENTS SCHEME 2027-28 (REF)
RESOLVED – T H A T the use of the Urgent Decision Procedure (Cabinet Minute
No. C168, 7th November, 2024 (as set out in Section 15.14.2(ii) of the Council’s
Constitution) be noted.
Reason for decision
The reporting of the use of the Urgent Decision Procedure is a requirement of the
Council’s Constitution.
RESOLVED – T H A T the reference be noted.
Reason for decision
In recognition of the separate report on the same subject being also on the agenda
for the meeting.
RESOLVED – T H A T the final Governance and Audit Committee Annual Report
2023/24 be endorsed.
Reason for decision
Having regard to the Local Government and Elections (Wales) Act 2021 and the
requirement for consideration by Full Council.
RESOLVED – T H A T the proposed change to the Joint Working Agreement under
a Deed of Variation between the partner Councils for the provision of Regulatory
Services be approved.
Reason for decision
To ensure that appropriate approvals were sought in relation to the proposed change
to the Joint Working Agreement through the addition of the Public Health Wales Act
2017 to the list of functions delegated to the Joint Committee and contained in Part 1
to Schedule 1 of the Shared Regulatory Services Joint Working Agreement to be
agreed by all three partner Councils.
FINAL DRAFT VALE OF GLAMORGAN ANNUAL SELF ASSESSMENT REPORT 2023/24 (REF)
The Leader, in presenting the reference, shared how the report had been developed
based upon feedback from Cabinet, Scrutiny and the Governance and Audit
Committee. She referred to the need to look at a plain language version being a
longer-term consideration as this needed to be understandable to residents but also
to fulfil legislative requirements. The Leader indicated that the assessment had been
moderated based upon feedback, but that the Council had still had a good year. The
Leader moved the recommendation that the Draft Vale of Glamorgan Annual Self
Assessment be approved contained as contained within the reference which was
seconded by Councillor Brooks.
Councillor Hooper shared that he felt that the report was an improvement based
upon previous years, with an increased sense of contrition and honesty. He also
said it was important to improve accessibility. He referenced the “good” grading and
sought clarification of how this could be progressed.
The Leader said it was a statutory requirement, and they would continue to learn,
including feedback from the Peer Panel Assessment and the Corporate Plan. She
agreed that there was an issue surrounding the need to have an open conversation
with residents and was not sure how this would be achieved but would continue to
try. The Leader further commented that the good rating was based upon reflection
upon performance against what was set out in the Annual Delivery Plan, and advised
this would be a discussion for the next self-assessment to consider the Council
benchmarks, increased data and feedback.
Councillor Carroll said that it would be bizarre for him to endorse the “good”
assessment based upon previous comments in the meeting but welcomed the
changes in format of the report to improve accessibility. He also welcomed the
changes to the format of reports which was noted and agenda planning which would
be considered by Democratic Services.
Following a request a recorded vote on the recommendations with item took place as
follows:
December 02 Minutes and DN (JLT)
Members For Against Abstain
Anne Asbrey √
Julie Aviet √
Gareth Ball √
Rhiannon Birch √
Bronwen Brooks √
Gillian Bruce √
Ian Buckley √
Lis Burnett √
Samantha Campbell √
George Carroll √
Christine Cave √
Charles Champion √
Janice Charles √
Millie Collins √
Marianne Cowpe √
Pamela Drake √
Vince Driscoll √
Anthony Ernest √
Christopher Franks √
Wendy Gilligan √
Russell Godfrey √
Emma Goodjohn √
Ewan Goodjohn √
Stephen Haines √
December 02 Minutes and DN (JLT)
Sally Hanks √
William Hennessy √
Nic Hodges √
Mark Hooper √
Catherine Iannucci-Williams √
Gwyn John √
Dr. Ian Johnson √
Susan Lloyd-Selby √
Belinda Loveluck-Edwards √
Julie Lynch-Wilson √
Kevin Mahoney √
Naomi Marshallsea √
Michael Morgan √
Jayne Norman √
Helen Payne √
Elliot Penn √
Sandra Perkes √
Ian Perry √
Joanna Protheroe √
Ruba Sivagnanam √
Carys Stallard √
Neil Thomas √
Rhys Thomas √
Steffan Wiliam √
Margaret Wilkinson √
December 02 Minutes and DN (JLT)
Eddie Williams √
Mark Wilson √
Nicholas Wood √
TOTAL 30 22
The recommendation being carried it was
RESOLVED – T H A T the Final Draft Vale of Glamorgan Council Annual Self
Assessment Report 2023/24 as considered by Cabinet on 7th November, 2024
(Minute No. C166 refers) be approved.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
TREASURY MID YEAR MANAGEMENT REPORT 2024/25 (REF)
The Leader, in presenting the reference that had been sent to Members that day
following the decisions of Cabinet on 28th November, outlined the mid-year (April –
September) report, highlighting that this information had also been provided to the
Governance and Audit Committee. The report considered an economic update
which looked at the factors that drove the UK economy during the period under
review and an analysis of interest rate forecast for the period December 2024 to
March 2027. There were no policy changes to the Treasury Management Strategy
as a 30th September, 2024. The report emphasised that new loans were borrowed
on a shorter term basis as interest rates were forecast to fall, creating a temporary
breach of the maturity structure of borrowing, but that the Council had considered
this to be prudent in this situation. The Leader further advised that borrowing was
supporting the Housing Revenue Account (HRA) and that external debt had
increased.
The Council unanimously
RESOLVED – T H A T the Treasury Management Mid-Year Report for the period
1st April to 30th September, 2024 be approved and the use of the urgent decision
procedure be noted.
Reason for decision
Having regard to the contents of the report and discussions at the meeting and the
Cabinet’s use of the urgent decision procedure to enable the matter to be considered
at this Full Council meeting.
December 02 Minutes and DN (JLT)