Wrthi'n llwytho
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RESOLVED – That Agenda Item 5 (Section 3.5, Department for Transport Statutory Taxi and Private Hire Vehicle Standards) be brought forward and taken at this time.
RESOLVED – That the Committee review each licence holder who does not meet the requirements of the draft revised suitability criteria on its own merits at a licensing hearing and decide, having regard to all relevant information, whether or not the licence holder remains a fit and proper person to hold a licence, once the draft revised suitability criteria has been approved and adopted by this Committee.
RESOLVED – That the draft revised Suitability Criteria outlined in report COEP/38/24 be approved for implementation from 1 June 2024.
An apology for absence was submitted on behalf of Councillor Beverley Parry-Jones.
RESOLVED - That the Minutes of the Meeting held on 18 March 2024 be signed as a correct record.
Members were reminded of their responsibility under Paragraph 11 of the Members’ Code of Conduct to declare the existence and nature of any personal interest in respect of any of the business to be transacted at this meeting. Agenda Item 9. Councillor Tina Mannering declared a personal interest in respect of this matter (as the applicant was known), remaining in the meeting for the consideration of the item, taking part in the voting and discussion thereon. Agenda Item 11. Councillor Derek Wright declared a personal and prejudicial interest in respect of this matter (as the applicant was known). He left the meeting for the consideration of this item, taking no part in the voting and discussion thereon. Councillors David A Bithell, I David Bithell MBE, Steve Joe Jones, Tina Mannering and John Phillips all declared a personal interest in respect of this matter (as the applicant was known). They remained in the meeting for the consideration of the item, taking part in the voting and discussion thereon.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That Agenda Item 5 (Section 3.5, Department for Transport Statutory Taxi and Private Hire Vehicle Standards) be brought forward and taken at this time.
RESOLVED – That Agenda Item 5 (Section 3.5, Department for Transport Statutory Taxi and Private Hire Vehicle Standards) be brought forward and taken at this time.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the Committee review each licence holder who does not meet the requirements of the draft revised suitability criteria on its own merits at a licensing hearing and decide, having regard to all relevant information, whether or not the licence holder remains a fit and proper person to hold a licence, once the draft revised suitability criteria has been approved and adopted by this Committee.
The Chief Officer Economy & Planning submitted a report (COEP/43/24) to present to Committee a process for addressing the provisions contained in section 3.5 of the Department for Transport Statutory Taxi and Private Hire Vehicle Standards (DfT Standards) at Appendix 1 to the report. Presenting the report the Trading Standards and Licensing Lead drew Members’ attention to the following matters: · A review of existing licence holders had identified six drivers who may not meet the requirements of the draft suitability criteria. · Changes in licensing requirements should be followed by a review of the licenses and where existing licence holders do not meet the new criteria the Licensing Authority must consider each case on its own merits. · That a licence holder who does not meet the requirements may be considered a fit and proper person to hold a licence where there are exceptional, clear and compelling reasons. · That public safety is the primary consideration. Members considered the report and asked questions of the officers present. During debate the following issue were raised: · Overall committee support for the revised draft Suitability Criteria. · Disappointment expressed by some committee members at the recommendation to review existing licence holders against the new criteria with concern that this could lead to hardship for the driver, embarrassment for the Council and, in the event that the driver was also an operator, this could have wider reaching implications. · Other committee members were in support of the proposed review in the interests of public safety and fairness in having one standard for all licence holders. · Members were reminded of the legal obligation to consider and address the provisions of section 3.5 of the DfT Standards in order to ensure that only fit and proper persons were licensed. The risks of failing to address the provisions were set out in the reasons for recommendations at section 3 (i – iii) of the report. · Members were advised that the DfT Statutory Taxi and Private Hire Vehicle Standards aimed to achieve common core minimum standards across the United Kingdom. RESOLVED – That the Committee review each licence holder who does not meet the requirements of the draft revised suitability criteria on its own merits at a licensing hearing and decide, having regard to all relevant information, whether or not the licence holder remains a fit and proper person to hold a licence, once the draft revised suitability criteria has been approved and adopted by this Committee.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the draft revised Suitability Criteria outlined in report COEP/38/24 be approved for implementation from 1 June 2024.
The Chief Officer Economy & Planning submitted a report (COEP/38/24) to consider the revised Suitability Criteria for Drivers and Operators for approval. Presenting the report the Trading Standards and Licensing Lead drew Members’ attention to the following matters: · The period of public consultation that had been undertaken on the proposals and the responses received. · The Suitability Criteria had last been reviewed in 2019. The DfT Standards recommended that a review should be undertaken every 5 years or sooner should there be significant issues arising. · The main detailed changes to the Suitability Criteria outlined in Appendix 3 and paragraph 4.4 of the report. Members considered the report and asked questions of the officers present. During debate the following matters were highlighted: · Disappointment at the level of responses to the consultation. The officer confirmed that all operators had been informed of the proposal so that they could share the information with their drivers. A correction to the closing date of the consultation was noted at paragraph 2.6 of the report – to read 11 December 2023. · Clarification provided that an enhanced DBS certificate provided a full record of previous convictions and other matters upon which decisions must be based. · Proposed that the new Suitability Criteria take effect from 1 June 2024. · Requested that the review of existing licence holders be dealt with as soon as possible following adoption of the policy. RESOLVED – That the draft revised Suitability Criteria outlined in report COEP/38/24 be approved for implementation from 1 June 2024.
Agenda Items 8 to 13: 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).
Rhaid i gynghorwyr ddweud pan fydd ganddyn nhw gysylltiad personol â rhywbeth sy'n cael ei drafod, fel swydd, eiddo neu aelod o'r teulu. Mae buddiant sy'n rhagfarnu yn ddigon cryf i'r cynghorydd adael yr ystafell fel arfer a pheidio â chymryd rhan.
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