Licences for pubs, taxis and events, anti-social behaviour and trading standards.
What councils do
Councils work with the police and others on community safety, run CCTV, license pubs, taxis and gambling premises, and deal with antisocial behaviour such as noise.
Who decides
Licensing decisions are made by a licensing committee or sub-committee of councillors, which hears from applicants and objectors.
Having a say
You can object to a licence application during its consultation period. Report noise and antisocial behaviour to the council.
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By council, last 12 months
How many agenda items on this topic each council dealt with, and how many had a decision recorded.
RESOLVED – That the application for a personal licence be granted.
The Sub Committee heard from the applicant and listened to all the evidence and submissions and considered the written material, the Licensing Act 2003, Section 182 Guidance and the Statement of Licensing Policy.
Members also heard the representations made by South Wales Police and considered all the supporting information submitted.
The Sub Committee also took into consideration the verbal representation given by the applicant’s Probation Officer at the hearing.
After carefully considering the representations made today and the written material, the Sub Committee did not believe that the granting of a Personal Licence will undermine the licensing objection of the prevention of crime and disorder and therefore resolved to grant the application.
RESOLVED: that
1. subject to the future budget allocation, approval be given to an increase of the value of contracts to be allocated via the DPS from £49 million to a total value of £138.8 million. This revised amount will cover the value of all new contracts allocated until the expiry date of the contracts up to 31st august 2029.
2. authority be delegated to the Director of Planning Transport and Environment in consultation with the Cabinet portfolio Members and directorate budget holders for Education, Childrens and Adults service, to procure and deliver contracts subject to budget being available.
3. Authority be delegated to the Director of Planning Transport and Environment in consultation with the Cabinet portfolio Members and Directorate budget holders for Education, Childrens and Adults service, to award single tender spot contracts outside of the passenger transport DPS up to £30m subject to budget being available for upcoming statutory taxi contracts. This amount covers the period that the contracts are potentially in place until 31st august 2029.
4. It be noted that if the budget requirement exceeds the current allocation available having considered the availability of external funding or in year efficiencies then this will need to be brought back to Cabinet for approval as part of the budget setting process.
5. It be noted that a further report be brought to Cabinet once further changes take place in the wider funding context such as changes to BES etc. are understood.
Vale of Glamorgan, Licensing: Public Protection Committee,
RESOLVED – T H A T the request to waive the Vale of Glamorgan Council's Age
Policy Guidelines in respect of vehicle Ford Mondeo, registration number
CU64 NCD be granted as the vehicle was suitable in type, size and design in
accordance with Section 48 of the Local Government (Miscellaneous Provisions)
Act 1976 to be licensed as a Private Hire Vehicle.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
Minutes - MS
Vale of Glamorgan, Licensing: Public Protection Committee,
RESOLVED – T H A T the exemptions be granted to Mr. Wilton for both
Conditions 8 and 9 relating to Private Hire vehicles in respect of applications made
for a Private Hire Vehicle Licence, for vehicle registration CK69 XVG.
Reason for decision
Having regard to the contents of the report and discussions at the meeting.
Minutes - MS
RESOLVED – That the following matters be dealt with as indicated:
(1)
Case 1
Members considered complaint received from a Member of the public that a driver had refused a fare.
Members were advised that a private hire booking was made in order to transport a vulnerable passenger with learning disabilities from the Millennium Centre to their home address. The passenger had participated in a performance at the Millennium Centre and he appeared in stage make up and a ‘drag’ costume. The complainant stated that the driver refused to take the passenger and said that they would need to book another vehicle. The passenger was not intoxicated, though their speech is affected by their disability.
The driver stated that he refused the fare because the passenger was intoxicated and travelling alone. He was concerned that the passenger may become sick during the journey so he cancelled the booking.
The complainant stated that at no point did the driver raise concerns about the passenger being intoxicated. The complaint stated that he would have challenged the driver at the time if that was the case.
Responding to questions from the Sub Committee the driver stated that he often worked on Friday and Saturday evenings and he regularly took fares from customers who were intoxicated.
RESOLVED – That the Hackney Carriage / Private Hire licence be suspended for 7 days and the driver be required to complete the SQA professional driver qualification within 3 months.
(2)
Case 2
Members were asked to consider a complaint received from a member of the public regarding a drivers conduct.
The complainant stated that whilst out jogging she came across a taxi parked on double yellow lines and partially blocking the pavement. She decided to take a photograph and report the matter to the private hire operator. The driver of the vehicle then exited the vehicle and an exchange occurred. It was alleged that the driver then followed the complainant and a further more heated altercation occurred. The complainant stated that she was concerned by the driver’s behaviour and for her safety.
The driver accepted that he was parked on double yellow lines. However, he was collecting a passenger with Downs Syndrome from a nearly premises. The driver explained that the fare was a regular booking and he always parked in that place because passengers with Downs Syndrome need consistency. The driver stated that noticed the complainant taking photographs of his vehicle. He attempted to explain the situation to the complainant. He denied following the complainant or that a further altercation occurred.
Members questioned both parties in order to clarify the sequence of events.
RESOLVED – That no further action be taken.
(3)
Case 3
The Sub Committee considered a complaint from a passenger who alleged that a driver had dismissed her instructions regarding which directions to take. The driver had also driven dangerously, in excess of the speed limit and had attempted to overcharge for the journey.
The driver addressed the Sub Committee. He advised that he was working on the rank in Mill Lane. A customer approached the vehicle and asked if he used the taxi meter. Two passengers entered the vehicle. The first drop-off was in Canton and the second in Rhiwbina. The driver entered the postcodes into his satnav. After dropping the first passenger in Canton the driver stated that when travelling along Western Avenue he missed the turn off at Gabalfa. The remaining passenger became agitated, she was upset and shouting.
The driver denied that he was travelling in excess of the speed limit. He apologised for missing the turn off.
The complainant stated that after dropping her friend in Canton the vehicle was travelling along Western Avenue. She instructed the driver to take the Gabalfa turn off as they were approaching it. The drivers satnav was also instructing him to take the exit. The driver at first sat in silence and then shrugged his shoulders as they passed the exit saying ‘too late now’
The complainant immediately telephoned her husband. She stated that she was panicking and concerned for her safety. She asked her husband to track her phone using an app installed on the device. The driver took the next available exit. He was driving erratically. He attempted to re-join Western Avenue in the wrong direction and needed to perform an emergency stop. The driver then travelled in excess of the speed limit and continued to refused to take instructions. The complainant provided evidence of the route taken by the vehicle and the speeds at which the vehicle was travelling downloaded from the app on her phone.
Responding to questions the complainant stated that she was in a similar position during visit to London. The driver on that occasion took her to the wrong hotel. However, that driver was extremely reassuring, courteous and apologetic. This driver did nothing to reassure her which only increased her anxiety.
At the end of the journey the driver asked for £35 fare. The complainant stated that she has taken the exact same journey on numerous occasions and the fare should be approximately £21.
The Sub Committee asked questions. Members attempted to clarify how an experienced taxi driver would ignore the instructions from a passenger and their own satnav. The driver stated that he did not know why he missed the exit and accepted that he had made a mistake.
RESOLVED – That the Hackney Carriage / Private Hire Drivers licence be suspended for 28 days for conduct and attempting to overcharge a passeneger.
(4)
Case 4
The Sub Committee were asked to determine whether a driver was a fit and proper person to hold a hackney carriage / private hire drivers licence. Members were advised that due to an administrative error a driver was granted a licence application on 2 May 2023. The application should have been listed for the Committee’s consideration as the driver had previously had a licence revoked. The decision to revoke was challenged and subsequently upheld in the Magistrates Court.
Members were advised that in October 2018 South Wales Police informed the Licensing Authority that the driver had been arrested on suspicion of the rape of a 16-year old female passenger. The driver submitted an email detailing his version of events. All charges against the driver were eventually dropped and the driver remains free of conviction. However, the Public Protection Sub Committee resolved to revoke the licence. An application was made in January 2022 and the Public Protection Sub Committee resolved to refused the application.
Members questioned the driver regarding the events that took place on the evening in question. The driver’s representative raised concerns that the Sub Committee were effectively rehearing the original complaint. There were no questions put to the driver regarding his conduct since the revocation of his licence in 2018.
The Chairperson stated that the Members present were not present in 2018 and they were entitled to ascertain what had occurred that resulted in the revocation and the subsequent appeal being upheld by the Magistrates Court. The Chairperson reminded all parties of the fit and proper person test that is applied when determining these matters.
RESOLVED – That the hackney carriage / private hire drivers licence be revoked as the Sub Committee did not consider the driver to be a fit and proper person to hold a licence.
(5)
Case 5
RESOLVED – That a hackney carriage / private hire drivers licence be granted.
Vale of Glamorgan, Licensing: Public Protection Committee,
RESOLVED – T H A T the matter be deferred to a future meeting of the Public
Protection Licensing Committee, the date of which would be agreed with the
applicant, in order for the applicant to attend the meeting and allow all parties to
elaborate on the application in order to determine the application.
Reason for decision
In order that Members be able to make a determination based on the options
available at a meeting of the Public Protection Licensing Committee where the
applicant would be present.
Vale of Glamorgan, Licensing: Public Protection Committee,
RESOLVED:
The subcommittee heard from the applicant and listened to all the evidence and submissions and considered the written material. The subcommittee also considered the Licensing Act 2003 the Section 182 Guidance, its own Statement of Licensing Policy and Cumulative Impact Assessment document.
The subcommittee also heard the representations made by the local ward member and local residents and have considered all written representations made to us.
The premises is located in an area covered by a Cumulative Impact Policy that creates the rebuttable presumption that any new or full variation applications for Premises Licences will be refused or limited unless the applicant can successfully demonstrate that granting the application will not add to the cumulative impact in the area. The subcommittee note that this policy would apply to this application as it is within the area covered by the policy.
The subcommittee note that the applicant has accepted the conditions of both South Wales Police and the Licensing Authority at Appendix C and D of the report and as a result they have withdrawn their objection to this application.
The subcommittee note the concerns from the local ward members that once this application is granted, it may lead to an application to extend the hours at which alcohol can be sold. Any future application to extend the hours at which alcohol can be sold will be subject to the relevant scrutiny of the statutory licensing process and would still be subject to the cumulative impact policy.
After carefully considering the representations made today and the written material, the subcommittee do not feel that the granting of this licence will add to the negative cumulative impact in the area, and there is no evidence that the granting of this application will have a negative impact on the licensing objectives.
The subcommittee therefore resolve to grant the application.
RESOLVED – That the following matters be dealt with as indicated:
(1)
Case 1
The Sub Committee were asked to consider a report on a driver who had received 6 penalty points for an IN10 motoring offence – driving without insurance. The offence was declared when the driver applied to renew his licence and not at the time of the offence.
The driver addressed the Sub Committee. Members were advised that the driver was licenced for private hire. The driver stated that he was approached by 2 passengers and took them to Tal-y-bont without being pre-booked. The passengers were Council Enforcement Officers and he was prosecuted in court for the offence.
The driver accepted that he had made a mistake and apologised. He was now aware that he was not insured to carry the passengers and he would not take such a fare in the future. He had previously been driving for 20 years without any issues reported.
RESOLVED – That the driver received a written warning and be required to complete the SQA Professional Driving qualification within 3 months.
(2)
Case 2
The Committee were asked to consider a report on a driver who had amassed 27 penalty points on his drivers licence for 7 speeding offences. The offences were not reported to the authority at the time of the offence.
Members were advised that the offences occurred during the Covid-19 lockdown when there was no ambulance service available. The driver had relocated his family from Roath to Pontprennau and all the offences had occurred at the same speed camera. The driver stated that his wife was suffering with mental health issues and a heart condition. He was transporting his wife to hospital at the time of the offences and was using the family car. He was not working or transporting passengers at the time.
The driver stated that he was prosecuted in court for the offences. However, the judge took into account the mitigating circumstances and he was able to continue to drive. Since the offences occurred his is extra vigilant and has regard for the safety of his passengers.
The driver apologised for not reporting the offences at the time. He indicated that he was unaware that he needed to do so.
RESOLVED – That the driver receives a written warning for driving offences and not reporting.
(3)
Case 3
RESOLVED – That the application for a grant of a hackney carriage/private hire drivers licence be approved.
RESOLVED – That the following matters be dealt with as indicated:
(1)
Case 1
The Sub Committee was asked to consider a complaint received that a driver attempted to overcharge a passenger and refused to use the taxi meter.
The Sub Committee received representations from the complainant. The complainant detailed the events on the evening in question. Members were advised that the passenger provided the destination and the driver stated that the fare would be £10 because fuel prices were high. The passenger was uncomfortable and was aware that the taxi meter should be used for all journeys. He asked the driver to stop the vehicle at which point the driver started the meter. The complainant stated that he needed to be assertive and he was concerned that other passengers would be intimated if they were put in the same position.
The driver stated that he had explained to the passenger that the fare would be approximately £10. He denied refusing to use the taxi meter and apologised for any misunderstanding.
Members questioned both parties in order to clarify the events on that evening.
RESOLVED – That the Hackney Carriage/Private Hire drivers licence be suspended for 10 days for not using the taxi meter.
(2)
Case 2
Deferred for 1 month
(3)
Case 3
Members were advised that a driver had received 6 penalty points for driving without insurance. The Sub Committee was asked to consider whether any disciplinary action should be taken.
The driver’s legal representative addressed the Sub Committee. Members were advised that the driver recognised that this was a serious offence. The driver was driving a private vehicle at the time of the offence. He was unaware that his insurance policy had been cancelled by email. The insurance company had continued to take payment for the policy. When he was made aware of the position he rectified it immediately.
RESOLVED – That the driver receives a written warning for a driving offence.
(4)
Case 4
Members received representations from a driver who received 6 penalty points for careless driving.
The driver stated that he had arrived late to pick up a group of passengers. The passengers were impatient and were intoxicated. One person in the group also refused to wear a face mask. The group asked to be taken to the Depot in Butetown but the booking was for a drop off in Rhiwbina. The driver refused to take the fare and he suggested that they book another vehicle. The passengers then became angry so the driver offered to book the vehicle for them.
The driver described the group as excited and disrespectful. The group insisted he take them and were refusing to let him leave.
As he drove away one passenger was holding on to the passenger door. The driver stopped and the customer fell. The driver was subsequently summoned to appear in court. He plead not guilty and went to trial.
The driver stated that he had never had any complaint or problems with other passengers. He was unaware that he was required to declare the conviction at the time.
RESOLVED – That the Hackney Carriage/Private Hire drivers licence be suspended for 14 days for a driving offence and for not declaring the offence.
(5)
Case 5
The Sub Committee received representations from a driver who had received 9 penalty points for speeding offences. The driver explained the circumstances leading to each of the convictions. The driver accepted that he was at fault and that he needed to declare the offences at the time. The driver stated that there were no passengers in the vehicle at the time of the offences.
RESOLVED – That the driver receives a written warning for driving offences.
(6)
Case 6
The Sub Committee was asked to consider a complaint received from 2 Licensing Enforcement Officers. The officers reported that they had witnessed a private hire vehicle plying for hire in the city centre, in contravention of the conditions of its licence.
The driver stated that he had taken a friend to Penarth Road. He then went to Mill Lane to wait for a fare. He denied picking up any passengers there.
The Licensing Officers stated that they were working in Mill Lane. They witnessed a female approach the vehicle and overheard a conversation taking place. The Licensing Officers considered that the vehicle was plying for hire and it had not been pre-booked. The vehicle details were subsequently checked. The private hire operators confirmed that no bookings had been made for that vehicle that day. The driver was subsequently interviewed under caution.
Members of the Sub Committee questioned all parties. The Sub Committee established a number of inconsistencies between the drivers statement under caution and the answers they were being given at the meeting.
RESOLVED – that the Hackney Carriage/Private Hire drivers licence be suspended for 28 days for plying for hire without a licence.
(7)
Case 7
Members were advised that a driver had received a custodial sentence for an offence of battery. The conviction was not declared at the time but was subsequently declared upon renewal of the licence. Members were asked to consider whether any disciplinary action should be taken.
The Sub Committee received representations from the driver’s legal representative. Members were provided with background information leading up to the conviction.
Members were advised that an incident had occurred in 2019. The driver was separated from his wife and children and his estranged family live some distance away. The driver received reports that his son was not attending school and he was greatly concerned.
An argument had occurred which between the driver, his ex-wife and members of her extended family. The driver was arrested, charged and subsequently convicted.
The legal representative stated that the driver regretted his actions. He was shamed and he didn’t want anybody to know. A false allegation was also made that the driver intended to return his daughter to Yemen which resulted in 2 restriction orders being placed upon him.
Members were advised that the driver had no problems related to his role as a taxi driver. He specialises in working with vulnerable people and concentrated on working outside of the city centre. A period of four years had elapsed since his conviction.
The driver accepted that he should have notified the Council earlier. It was recognised that the priority for Members is public safety and it was suggested that he had provide his trustworthiness.
RESOLVED – That the Hackney Carriage/Private Hire Drivers licence be revoked.
Vale of Glamorgan, Licensing: Public Protection Committee,
RESOLVED – T H A T the contents of the report be noted, and the Hackney
Carriage and Private Hire Vehicle conditions be agreed to include the condition
below:
In the case of Licensees/Proprietors who rent, lease, hire or loan out their
[Hackney Carriage] [Private Hire Vehicle], the Licensee/Proprietor shall
provide and keep a suitable register in which he/she shall enter the
following particulars relating to the details of the driver to whom the vehicle
has been rented, hired, leased or loaned.
a) The name and address of the driver
b) The badge number and expiry date of the Hackney Carriage/Private
Hire Driver's Licence relating to the driver
c) The plate number and registration number of the vehicle rented, hired,
leased or loaned
d) The date(s) and time(s) the vehicle is rented, hired, leased or loaned by
the driver
The records shall be kept for a minimum of 12 months, be in chronological order
and must be produced on request to an authorised officer of the Council or a
police constable for inspection.
Reason for decision
To promote public safety by strengthening the current vehicle licence conditions,
as agreed by the Committee.
Minutes - LW
RESOLVED – That the following matters be dealt with as indicated:
(1)
Case1
The Sub Committee received representation from a driver who had received penalty points for s1peeding. The driver stated that the offence had occurred during a family emergency when visiting a relative in hospital. He was not working at the time of the offence.
RESOLVED – That the driver receive a written warning.
(2)
Case 2
Members received representations from a driver who had receive penalty points for driving without insurance. Members were advised that the driver was witness by Licensing Officers plying for hire in a vehicle that was licenced for private hire only, in contravention of the conditions of his licence.
The driver stated that he was waiting in a queue of traffic in the city centre. Two passengers entered the vehicle and in order to avoid any potential confrontation he decided to take them to their destination.
RESOLVED – That the driver receives a written warning and be required to complete the SQA qualification within a four-month period.
(3)
Case 3
The Sub Committee considered the case of a driver who was convicted of carrying a bladed object in a public place and using threatening and insulting words in a public place.
The driver stated that he was fined £695 at Magistrates Court for driving without insurance. An altercation occurred when a bailiff called at his home to collect non-payment of the fine. The offences were not declared at the time of the offences or on the drivers renewal application.
RESOLVED – That the hackney carriage / private hire drivers licence be revoked for use of threatening and insulting words, carrying a bladed object in a public place and for not declaring criminal convictions as required.
(4)
Case 4
Deferred for 1 month.
(5)
Application 5
The Sub Committee received representations from a driver who had failed to provide a valid DBS certificate.
RESOLVED – That the drivers licence be suspended until a valid DBS certificate in provided.
(6)
Case 6
The Sub Committee received representations from a driver who had received a caution for an offence of battery.
The driver stated that he was involved in an altercation with a doorman in his social club. The driver provided his account of the incident. The driver stated that he was an ex-serviceman and he was a good driver. He was not working at the time of the incident and his was not a violent person or a danger to customers.
No further action
(7)
Case 7
The Sub Committee heard from a driver who had received penalty points for a driving offence of speeding. The driver accepted that he was at fault for the offence and he regretted his actions.
RESOLVED – That the driver receives a written warning.
Vale of Glamorgan, Licensing: Public Protection Committee,
RESOLVED – T H A T Officers be authorised to carry out a 14 day consultation with
the taxi and private hire trade with the Vale of Glamorgan Council on:
i) Amending the Hackney Carriage and Private Hire Vehicle conditions to
include the condition:
In the case of Licensees/Proprietors who rent, lease, hire or loan out their
[Hackney Carriage] [Private Hire Vehicle], the Licensee/Proprietor shall
provide and keep a suitable register in which he/she shall enter the following
particulars relating to he details of the driver to whom the vehicle has been
rented, hired, leased or loaned.
a) The name and address of the driver.
b) The badge number and expiry date of the Hackney Carriage/Private Hire
Driver's Licence relating to the driver.
c) The plate number and registration number of the vehicle rented, hired,
leased or loaned.
d) The date(s) and time(s) the vehicle is rented, hired, leased or loaned by
the driver.
The records shall be kept for a minimum of 12 months, be in chronological
order and must be produced on request to an authorised officer of the Council
or a police constable for inspection.
Reason for decision
To promote public safety by strengthening the current vehicle licence conditions.
RESOLVED to provide a preliminary announcement of their decision, with a detailed decision and minutes to be published in due course on the Council’s Website:
Decision
This Committee consists of three Independent Members of the Council’s Standards and Ethics Committee. It was set up by the Council to give an independent recommendation to the Council’s Cabinet (the Charity trustee) as to whether it is in the best interests of the Maindy Park Charity to agree to a proposed land swap. The Committee has met on three occasions and has considered the reports and appendices presented to it. It has carried out a site visit, requested additional information, listened to representations from Community Groups, and has carefully considered those representations as well as the written representations, consultation responses, independent valuation and legal advice, and the Equality Impact Assessment.
Having carefully considered all of the relevant information, the Committee has agreed that it believes that the land swap is in the best interests of the Charity and so RECOMMENDS that Cabinet, as the Charity trustee, agree (subject to charity commission consent) to the exchange and release from the Trust of the Maindy Park land (shown on the plan annexed to the report at Appendix C) in exchange for the land at Cae Delyn Park (shown in Appendix D) to be held on trust for the Charity, Subject to the following conditions:
(i)
the new velodrome is to be built and operational prior to the proposed land swap taking place
(ii)
the terms and conditions recommended in the Qualified Surveyors updated report (Appendix E); including specifically in relation to overage provision 50% of the uplift in value to be paid to the trust were the site to be sold for future development for 75 years from the date of the land swap (which would entitle the trust to receive a share of any potential increase in value if an implementable planning permission is obtained for a higher value use of the land)
(iii)
improvement works to be carried out at Cae Delyn (including improved drainage of the site, walkways, lighting and other reasonable and proportionate measures to reduce anti – social behaviour in the area) and the retained land at Maindy, in order to improve the amenity value for the purposes of meeting the Trust’s charitable objectives; and a further meeting of the Advisory Committee is to be held (within 90 days) to agree proposed recommended improvements, which may be subject to further public consultation, (for the avoidance of doubt this may take place after the recommendation is reported to cabinet)
(iv)
arrangements to be made between the Trust and the Council for a lease or licence to be agreed to cover the future maintenance and management of the land at Cae Delyn and Maindy by the Council, with no ongoing revenue costs to the trust which exceed income
(v)
the Council is to carry out a review of the governance and financial management arrangements of all trusts of which the Council is a trustee
(vi)
the provision of an information board on site to explain the historic use of the site as a Velodrome
AND to make application to the Charity Commission for consent to the land exchange on this basis.
Summary of Reasons for Decision
The land left at Maindy Park will provide a larger area of green space than currently, and together with the land at Cae Delyn means there will be 2 areas of land for the benefit of all Cardiff residents which will benefit more people than having one specialist activity on one site and will be of a greater financial and amenity value, and therefore is in the best interests of the charity.