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 press and public be excluded from the hearing in accordance with paragraph 14 of the Licensing Act (Hearings) Regulations 2005, to enable the Sub-Committee to take legal advice.
(Closed Session)
Members discussed the issues relating to the application.
(Open Session)
The Lead Lawyer gave a comprehensive overview of the legal advice tendered.
The Chair indicated that the Sub-Committee had considered the application and representation made and the needs and interests of all parties in terms of the Council’s Statements of Licensing Policy, statutory guidance and the requirements of the Licensing Act 2003.
The Sub‑Committee Resolved to Grant the application for a new premises licence as modified, subject to:
• Conditions consistent with the operating schedule (Appendix C),
• Mandatory conditions under the Licensing Act 2003.
Internal areas
Plays - Monday-Sunday 0700-0100
Films - Monday-Sunday 0700-0100
Indoor Sporting Events - Monday-Sunday 0700-0100
Boxing or Wrestling Entertainment – Monday-Sunday 0700-0100
Live Music – Monday-Sunday 0700-0100
Recorded Music – Monday – Sunday 0700-0100
Performance of Dance – Monday-Sunday 0700-0100
Late-Night Refreshment – Monday-Sunday 2300-0100
Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-0100
Internal opening Hours – Monday – Sunday 0700-0130
External areas
Plays - Monday-Sunday 0700-2300
Films - Monday-Sunday 0700-2300
Boxing or Wrestling Entertainment – Monday-Sunday 0700-2300
Live Music – Monday-Sunday 0700-2300
Recorded Music – Monday-Sunday 0700-2300
Performance of Dance – Monday-Sunday 0700-2300
Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-2300
External opening Hours – Monday – Sunday 0700-0000 (save for persons entering or exiting the marquee)
Conditions of Premises Licence
1. CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises; fire exits all areas where the public have access and any external drinking areas.
2. Equipment must be maintained in good working order; the system must continually record whilst the premises is open for licensable activities and during all times when customers remain at the premises. Recordings must be correctly timed, and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and handed to a Police Officer/Local Authority Officer on demand.
3. The Premises Licence Holder must ensure that at all times a Designated Premises Supervisor (DPS) or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to a Police Officer/Local Authority Officer on demand.
4. The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.
5. An operational daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings the actions taken are to be recorded. In the event of technical failure of the CCTV equipment, the Premises Licence holder/DPS must report the failure to the Police/Local Authority.
6. The Safety Advisory Group shall be notified with at least three months’ notice for all non-sporting events, taking place externally, likely to attract more than 500 people.
7. Concerts where live or pre-recorded amplified music is the main element to be limited to no more than 12 days in any calendar year.
8. An incident recording book, bound in numerical order, shall be maintained at the premises showing details of the date and time of all assaults, injuries, accidents or ejections, as well as details of the members of staff involved, the nature of the incident and the action/outcome. The book must be kept available for inspection by the Police and authorised officers of the Licensing Authority.
9. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification shall bear their photograph, date of birth and a holographic mark.
10. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be always available for inspection at the premises by the police or an authorised officer of the Council whilst the premises are open.
11. The premises to keep up to date records of staff training and refresher training in respect of age-related sales including proxy sales to persons who are drunk and identifying and preventing drug misuse in written or electronic format available for inspection on request by an authorised officer. Training to be updated every six months and signed by staff.
12. Notices shall be clearly displayed in the premises to emphasise to customers the prohibition on providing sales of alcohol to persons under the age of eighteen years
13. A 30-minute drinking up time on top of the last permitted sale of alcohol to allow customers to use the toilet facilities and disperse from the premises.
14. Other than for off sales to be taken away from the site, sale and consumption of drinks in external area (including car parks) to be from non-glass containers.
15. No glass or glass bottles to be taken into the stands, arena or concourse area at any time.
16. Sale of intoxicants in the pitch, bowl, concourse areas to cease by 2300 hours daily. Consumption of alcohol in the pitch, bowl and concourse area to cease by 2330 hours.
17. Live/Recorded music to cease by 2300 in external areas of the premises.
18. All external areas of the premises shall close by 2300 hours daily and shall be cleared by patrons by 0000, save for persons exiting or entering the marquee.
19. The Premises Licence Holder must ensure that all stewards & security personnel are suitably trained and capable of carrying out their allocated duties, and understand their role and the appropriate way in which to deal with, record and report incidents.
20. SIA registered door staff shall be employed, on occasions when a requirement is identified by the licence holders written risk assessment. Consideration will be given to the nature of the event, public holidays and days considered to be major event days in the city centre. If a written risk assessment identifies that door staff are required, the following number will be adhered to:
Members of the Public Present Number of door Supervisors
1 - 100 2
100 - 250 3
250 - 500 4
500 - 750 5
750 - 1,000 6
1,000 - 1,250 9
1,250 - 1,500 10
1,500 - 2,000 12
In excess of 2,000 - at least 12 and such other stewards as may be required either by the Chief Fire Officer or the Council.
21. A detailed bound numerical register of door supervisors to be maintained at all times at the premises. Such register to include the name, registration number, contact details of the member of door staff along with the date, time on duty and time off duty. Full details of the agency supplying the staff to be endorsed and the register to be available for inspection on request by an Authorised officer.
22. The premises shall have an adequate system of counting persons in and out when utilising door staff to ensure that the customer levels in all areas do not exceed the limit endorsed in the venue risk assessment. At all other times, staff will have a constant knowledge and control of the number of persons within the premises.
23. Notices shall predominantly displayed at all exists requesting patrons to respect the needs of local residents and leave the area quietly.
24. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2100 hours and 0800 hours.
25. Alcohol supplied for delivery via an online ordering system to customers in spectator areas shall only be delivered by staff authorised by the premises licence holder. All orders must be made by, and delivered directly to, a person aged 18 years or over. A Challenge 25 age verification policy shall operate at both the point of sale and the point of delivery. No alcohol shall be supplied where staff have reason to believe it is intended for consumption by a person under 18 years of age.
Reasons for Decision
The Sub-Committee noted that the application sought permission for licensable activities between 07:00 and 01:00 hours Monday to Sunday, with the premises open to the public until 01:30 hours. The premises comprise a rugby ground containing a clubhouse, fan zone, event marquee, seating blocks, terrace and car park.
The Sub-Committee noted that no representations had been received from any Responsible Authority, including South Wales Police, the Pollution Division, the Planning Authority, the Fire Authority, Health and Safety, Trading Standards, Child Protection, the Local Health Board, the Licensing Authority or Immigration. Members attached appropriate weight to the absence of objections from those authorities, while recognising that this did not remove the need to consider the application and the representation on their merits.
The Sub-Committee carefully considered the representation from the Other Person concerning the potential effect of late-night activity upon nearby residents, particularly noise from events, patrons leaving the premises, vehicles, traffic congestion and parking. Members recognised that the premises are situated near residential properties and that the prevention of public nuisance was therefore of particular relevance.
The Sub-Committee was satisfied, however, that the conditions proposed within the operating schedule provided an appropriate and proportionate framework for promoting the licensing objectives.
In particular, the conditions require live and recorded music in external areas to cease by 23:00 hours; the sale and consumption of alcohol in the pitch, bowl and concourse areas to cease by 23:00 and 23:30 hours respectively; external areas to close and ordinarily be cleared by 00:00 hours; notices requesting patrons to respect local residents and leave quietly; restrictions on the movement of rubbish during night-time hours; and appropriate stewarding and security arrangements when required by risk assessment.
Members also took account of the nature of the site and its existing sporting and hospitality use, the proposed management controls, and the fact that no Responsible Authorities had identified concerns requiring refusal, reduced licensed hours or additional conditions beyond those before the Sub-Committee. The Sub-Committee concluded that it would not be appropriate or proportionate to refuse the application or reduce the general terminal hour to 23:00 hours.
The Sub-Committee carefully considered the position of the event marquee when determining the scope of condition 18. The application and accompanying plan identify the marquee as a distinct event structure within the licensed premises.
Members were mindful that the classification of a marquee can depend upon its physical characteristics and the particular statutory context. Planning authorities and courts may consider factors such as size, permanence and physical attachment when determining whether a structure is a building. Members accepted the legal advice that, for the purpose of applying this licence condition, the marquee should be treated as an internal area rather than as part of the external areas subject to the 23:00 hours closure.
Condition 18 was therefore amended to make clear that, after the external areas have closed, patrons may enter or leave the marquee for the purpose of using that internal licensed area. This limited exception does not permit patrons to remain in, congregate in or use the external areas after the applicable clearing time. The marquee may continue to operate only within the licensed hours, including the 01:00 hours termination of licensable activities, and subject to all other conditions attached to the premises licence.
The Sub-Committee considered that the amended wording removed ambiguity, was capable of practical enforcement, and struck a fair and proportionate balance between the operation of the premises and the protection of nearby residents. Members were accordingly satisfied that granting the application subject to the amended condition was appropriate for the promotion of the licensing objectives, in particular the prevention of public nuisance and public safety.
Right of Appeal
Following receipt of this notice, the applicant and any person who made a relevant representation have a right of appeal to the Magistrates’ Court under Schedule 5 to the Licensing Act 2003.
Any appeal must be commenced within 21 days beginning with the day on which the appellant was notified of this decision.
Resolved that:
1) The findings of the Public Spaces Protection Order Review be approved.
2) The introduction of a new Public Spaces Protection Order covering Swansea City Centre, Swansea Beachfront and Dyfatty for a period of three years be approved.
3) The extension to the PSPO boundary as shown in Appendix C be approved.
4) The introduction of the revised Order attached at Appendix A be approved.
5) The proposed safeguarding-led enforcement and escalation framework, including the continued exploration of Community Protection Warnings and Community Protection Notices as part of the Council's wider response to persistent anti-social behaviour be noted and endorsed.
6) The extension of the existing PSPO which restricts access to the service lane at the bottom of St Helen’s Road be approved.
7) The Director of Place, in consultation with the Cabinet Members for Economy, Finance and Strategy and Children, Young People and Families, any other relevant Cabinet Member, and the Chief Legal Officer, be authorised to designate officers with enforcement powers.
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 made alleging that he refused to provide service to a disabled passenger.
Addressing the Sub Committee, the driver’s wife stated that the driver had been working that day for Uber, but didn’t recall the job in question. She emphasised that the accusation had caused him considerable stress. He had driven taxis since 2007, transporting countless disabled passengers since then with no complaints, and had worked with the council for several years on a city centre mobility scheme. He regularly looked after people with mobility issues, including her mother, and had a very good Uber rating and no points on his licence.
She added that as soon as he was made aware of the complaint in January, he offered to provide his dashcam footage from that night. He was informed that Uber did not need it as they were treating the incident as feedback rather than a complaint, so it was never reviewed. He maintained that the incident as described in the witness’ statement did not happen, in particular because the shape of Rhymney Street made it difficult to pull in.
She suggested that although he did not remember the particular journey, he might not have been aware that the passenger was disabled because her mobility aid would not have been visible between the cars. It was not uncommon for Uber drivers to cancel, and he often had to use the toilet in a hurry as he needed an operation.
Members asked why the driver might cancel a fare without warning. The driver’s wife explained that he might need the toilet, or she might phone needing something, as they sometimes had emergencies relating to her mother. She felt there was no reason why he would have cancelled while so close to a job.
Members discussed the Uber complaints process and heard that the company had not provided any evidence of the job being booked and cancelled. The driver and passenger did not automatically receive any record of cancellations.
Addressing the Sub Committee, the first witness stated that she had been waiting outside her son’s house on Rhymney Street. She had recently come out of hospital and was staying with her son for a few days. The taxi she had booked pulled up, then the driver looked at her and drove off. She looked at the app and saw that the fare had been cancelled as soon as he went round the corner. She re-booked the journey with another driver.
Members asked what the witness’ rollator looked like, which the witness showed them. She recalled that the taxi had been a Toyota with a normal boot, so her rollator would have fit in.
Addressing the Sub Committee, the second witness stated that he was a Licensing Enforcement officer for Cardiff Council, who had investigated the complaint. It had taken some time to get details from Uber about the incident, and then he had sent a questionnaire to the driver, to which he had responded very quickly.
Members asked if it was typical of Uber not to provide that information quickly. The second witness explained that they were normally very fast, and hadn’t mentioned any sort of issue in getting the data. The request for the full log of bookings and communications was sent to them on 20th February, and though there was a response it was not the full set of data requested.
Members asked if the delay between the incident in January and the driver being contacted in April was normal. The second witness explained that they had been waiting on different statements coming in before they could go to the driver for his statement.
Summing up, the first witness explained that if the driver had spoken to her about needing to cancel, she would have understood. Uber had not been able to give her the driver’s details, and it was only when the Licensing officer rang her that she knew who he was.
Summing up, the driver’s wife explained that without the Uber data or the dashcam footage the driver had offered to provide, they felt it would be unfair to revoke his licence.
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 been disqualified from driving for six months.
Addressing the Sub Committee, the driver explained that he had been disqualified for totting up offences, having driven through a red light early in the morning and not realised. At the time he had 9 points on his licence, having committed several speeding offences in 20mph zones. He worked six or seven days a week, normally starting at 4:30am and working for 8-10 hours at a time. For each of the 20mph offences he had been caught going under 30mph. Three of the points had now expired, but as he had nine when the red light offence happened it made twelve in total and led to a ban.
The driver’s representative added that his client had more than thirty years’ experience as a taxi driver, and if the offence had happened slightly later he would not have been banned as three of his points were about to expire. He was very contrite about it, and he was supporting his son through university, so the ban had already had a significant impact on his family.
The driver added that the ban meant he couldn’t drive until February, but he was keen to carry on after that point.
RESOLVED – that the driver receive a written warning regarding his future conduct.
(3)
Application 3
The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s License given that the applicant had declared motoring convictions contrary to the guidance.
Addressing the Sub Committee, the applicant explained that he had six points on his licence. He had received three points for defective tyres, after he was pulled over for a headlight being out, on top of three more for a speeding offence. He worked as a delivery driver for Uber Eats.
Members asked why he had only declared 3 points on his application, and not mentioned the offence with the tyres? The applicant explained that he didn’t know about those points then.
RESOLVED – that the application for the grant of a Hackney Carriage / Private Hire Driver’s License be granted.
(4)
Application 4
The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s License given that the applicant had convictions contrary to the guidance which he did not declare on his application form.
Addressing the Sub Committee, the applicant explained that he had an accident in 2020 and went to court, where he was banned from driving for six months. He took a course afterwards and felt he had grown since. He had been convicted for failing to stop after an accident, and for driving without due care and attention.
Responding to questions from the Sub Committee, he explained that he had been working as a delivery driver on a 125cc scooter and had collided with someone. He had to complete his delivery and had returned afterwards, but was convicted of failing to stop. He was still working as a delivery driver at his shop and wanted to drive taxis.
Members asked when the applicant got his driving licence, which he clarified was in June last year. Members asked why he had failed to declare his convictions, which the applicant explained was because his English wasn’t very good at the time, and the offence had been several years ago.
RESOLVED – that the application for the grant of a Hackney Carriage / Private Hire Driver’s License be refused.
(5)
Application 5
The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s License given that the applicant had declared previous criminal and motoring convictions contrary to the guidance.
Addressing the Sub Committee, the applicant explained that he had been rejected for a taxi licence in the past. He had made serious errors in the past but felt he was a different person now and provided character references to prove this. He had also gained his HGV licence and was a safe and conscientious driver.
He explained that when he was young, he fell in with the wrong crowd. He had done a lot of stupid things but wasn’t the same person any more. The most recent offence was in 2017 for being drunk and disorderly, and he didn’t remember it well but as a result didn’t drink any more. He hoped Members would look upon his new application favourably.
Members asked if he had done any lorry driving work. The applicant responded that he worked for Müller and had previously worked for Owens and Tesco. He had obtained his Class 1 HGV licence in 2022.
RESOLVED – that the application for the grant of a Hackney Carriage / Private Hire Driver’s License be granted.
(6)
Application 6
The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s License given that the applicant had declared motoring convictions contrary to the guidance and previously had his licence revoked by Cardiff Council.
Addressing the Sub Committee, the applicant explained that he appreciated the opportunity to have his application reviewed. He understood that the offences he had committed were wrong and had been punished by having his licence revoked. He had never had any complaints from customers in his time as a driver.
Responding to questions from Members, he explained that he had committed three speeding offences after struggling to adapt to the 20mph limit. Two of the offences were in the same place on Newport Road within the space of a week, and the other was a few months later. He had then filled out the Notice of Intended Prosecution form inaccurately to say that someone else was driving.
Members asked when the speeding points would expire. The driver explained that this would be between December 2027 and May 2028. Members asked when he was first licensed as a taxi driver, which he clarified was in 2013.
RESOLVED – that the application for the grant of a Hackney Carriage / Private Hire Driver’s License be refused.
RESOLVED – That the Sub Committee, having considered the application in accordance with the Licensing Act 2003, the statutory guidance issued under Section 182 of the Act, and the Council’s Statement of Licensing Policy, REFUSED the application.
The Sub-Committee heard from the Pollution Control Officer and considered all of the oral and written evidence presented at the hearing.
The Sub-Committee gave regard to the Licensing Act 2003, the Statutory Guidance issued under Section 182 of the Act and the Council's Statement of Licensing Policy.
Members further noted that the applicant did not attend the hearing and was therefore unable to address the concerns raised within the representations or answer questions from the Sub Committee regarding the operation of the premises during the extended hours sought.
The Sub-Committee attached significant weight to the representations made by Pollution Control. Members accepted Ms Jones' evidence that the premises is situated within a residential area and that the proposed operating hours would extend activity at the premises into the early hours of the morning when nearby residents would reasonably expect a greater degree of peace and quiet.
Members carefully considered the concerns relating to delivery drivers and associated vehicle movements. Whilst the applicant had proposed that delivery drivers be permitted to wait inside the premises, Members were not satisfied that this measure adequately addressed the wider impact of vehicles arriving and departing from the premises throughout the proposed operating period. Members accepted the evidence presented by Ms Jones that complaints relating to delivery drivers and riders are a recognised issue associated with late-night takeaway premises and considered that there remained a genuine risk of disturbance to nearby residents.
The Sub-Committee also considered the written representations submitted by other persons. Members attached weight to the concerns expressed regarding noise disturbance, delivery activity and the effect that extended late-night trading may have on residential amenity in the surrounding area.
Members noted that South Wales Police had withdrawn their representation following agreement with the applicant in respect of additional conditions. However, Members were satisfied that the concerns relating to the prevention of public nuisance remained unresolved.
The Sub-Committee noted the discussion regarding nuisance odours. Whilst no complaints had been received by Pollution Control in respect of cooking smells from the premises, Members considered that the principal issue before them was the likely impact of extended operating hours and associated delivery activity rather than odour nuisance.
Having considered all of the evidence before it, the Sub-Committee was not satisfied that the application would promote the licensing objective of the prevention of public nuisance.
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 complaints had been received relating to inappropriate sexual language used towards female passengers.
Addressing the Sub Committee, the driver stated that he didn’t remember the particular passengers who had complained, having driven thousands of people around, and didn’t feel there was any evidence against him that was strong enough to merit any consequences. Responding to questions from Members, he explained that he felt the incidents didn’t happen and that the complaints were false feedback. He had a dashcam but it deleted footage after 24 hours so he couldn’t prove otherwise.
Addressing the Sub Committee, the first witness explained that she had ordered an Uber from Cardiff Central. The driver was pleasant and chatty at first but then asked if she was rich and called her a ‘high value woman’. He said she was very attractive, then talked about his own sexual experience and made suggestive comments about her body.
Members asked if the experience had affected her confidence in getting taxis. The witness explained that she had made the complaint because she didn’t want it to happen to other people. It was the first bad experience she had had with Uber, and it made her question how they monitored their drivers. She felt that he was using his job to try to pick up women, and that young women could not feel safe and comfortable in his taxi.
Addressing the Sub Committee, the second witness explained that she had booked a short journey with Uber because she was running late, but the driver went a very long way around and took a while to get there. They chatted about normal things at first but then the driver asked if she was a lesbian. She said no, and he said that must mean she would like his dick. She reported this to Uber at the time, and emphasised that he should not be allowed to drive young women around.
The driver added that he didn’t recognise either witness, and asked if they had any video or audio evidence. The Chair clarified that Members would take the witness statements from all parties into account when making their decision. The second witness added that she had spoken to friends about it as soon as she got to their house.
The driver added that he was married with children and had no intention of harassing women in his taxi. He felt that Uber did not care about drivers, as it didn’t have a process like the Sub Committee where he could make his case in response to complaints. He drove for Bolt and Veezu too without any issues.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be revoked.
(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 a complaint had been received stating that he parked his licensed vehicle in a bay subject to a temporary suspension, failed to comply promptly with instructions from authorised personnel to move his vehicle, and behaved in an aggressive and confrontational manner.
Addressing the Sub Committee, the driver explained that he had driven taxis for 20 years and was used to major events. He was on Fitzhamon Embankment when someone in a high-vis came over and said ‘bloody taxis think they can park anywhere’, which he felt was rude. He wound his window down and spoke to the official, who said he was going to get him sacked.
Members asked whether the driver accepted that he had parked in a temporarily suspended bay. The driver acknowledged that he had. The whole street was normally temporary parking but the cones were moved depending on the event. What he disputed was the witness’ suggestion that he had been rude and aggressive. Members asked how long it had taken him to move after he was asked, which the driver felt was about 5 minutes.
Members asked why he had been on that particular street, which the driver explained because he lived close by. He had been waiting for a resident to pull out so he could use the resident bay. He pulled into a pay and display bay which was suspended for the day because of the rugby, and wasn’t picking up or dropping off a passenger.
Addressing the Sub Committee, the witness explained that he had worked in Transport Services for more than 30 years, and was doing his usual walkabout to make sure the road was safe for buses to pick up and park. Two council officials had asked the driver to move, and he had told them to ‘piss off’ and to mind their own business. The witness went over to the driver himself, who refused to move several more times, so he told him he would be reported. He estimated that 15 minutes passed in total before the driver finally moved.
Members asked how the traffic management system worked on major event days. The witness explained that he and other officers tried to keep vehicles away to ensure that buses could safely park and pick up, but taxis refusing to leave was a recurring issue that affected public safety. The driver would only have been allowed into the coned off area by Clare Gardens if he lived there or was dropping off a passenger who did. Even if he lived there, he should have moved when asked.
The driver suggested that it wouldn’t have made sense for him to refuse to move, when he could lose his licence if Transport Services made a complaint. He lived in the area, and reiterated that he would have moved if asked. He had just been waiting for a residential parking bay to open up, and hadn’t sworn at anyone.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be suspended for 7 days.
(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 he had been disqualified from driving for six months.
(Cllr Driscoll left his seat as a member of the Sub Committee for this item in accordance with his prejudicial interest.)
The driver was not in attendance.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be revoked.
(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 six penalty points on his driving licence which he had not declared to the licensing authority.
Addressing the Sub Committee, the driver explained that while coming from Newport towards Rover Way, tried to turn left and was caught by a red light. He didn’t receive a letter about this, and only found out when he was given six points for failing to give information as to the identity of the driver.
Members asked why he hadn’t received the letter, and why he hadn’t reported the points to the licensing authority. The driver explained that his post often went to a neighbour whose house had the same number, and he hadn’t realised at the time that he was obligated to report any offences to the council.
Responding to questions from Members, the Legal Officer clarified that the £660 fine was likely due to the driver not attending court.
RESOLVED – that the driver receive a written warning.
(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 six penalty points on his driving licence which he had not declared to the licensing authority.
Addressing the Sub Committee, the driver explained that he had received 6 points on his licence for failing to give information as to the identity of the driver after being caught speeding on Manor Way, after the limit had changed from 40mph to 30mph. He had received a letter about the offence but didn’t respond, and plead guilty to this in court.
Members asked why he had failed to report the points. The driver explained that he wasn’t aware at the time of the obligation to report them to the licensing authority, but was now.
RESOLVED – that the driver receive a written warning.
(6)
Application 6 was deferred to the next meeting.
(7)
Application 7
The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s License given that the applicant had declared a major motoring conviction contrary to the guidance.
Addressing the Sub Committee, the driver explained that he had received 12 points for driving without the correct insurance on two occasions. The first time, he had been pulled over while driving a friend’s car. He had third party insurance and thought that was enough. The second time, he was driving a new car and believed that his insurance would carry over, but had not informed his insurer of the change of vehicle.
The driver added that he also had a conviction for driving with a defective tyre, after being pulled over for a broken brake light. The two insurance offences had led to a six-month disqualification from driving in 2024.
RESOLVED – that the application for the grant of a Hackney Carriage / Private Hire Driver’s Licence be refused.
(8)
Application 8
The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s License given that the applicant had convictions contrary to the guidance and had previously had his licence revoked by Cardiff Council.
Addressing the Sub Committee, the applicant explained that he had been convicted of domestic abuse in 2013. He had worked hard since arriving in the country and felt he now had a good reputation and had demonstrated good character. He had worked as a mechanic for many years but wasn’t able to do tough physical work any more and wanted to drive taxis instead.
Members asked about the circumstances of his conviction. The applicant explained that he had been convicted of domestic abuse after pushing his wife, and during the probation was prohibited from contacting her. He wasn’t aware of this and sent her a letter asking to see his daughter, not realising that this wasn’t allowed.
RESOLVED – that the application for the grant of a Hackney Carriage / Private Hire Driver’s Licence be approved.
(9)
Application 9
The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s License given that the applicant had motoring convictions and criminal convictions contrary to the guidance.
Addressing the Sub Committee, the applicant felt he was a fit and proper person to drive taxis, and that he had learned from his experiences. He had been fined and disqualified from driving for six months in 2025 for totting up points. This was partly due to receiving six points for failing to provide details of the driver, after an offence was committed while he was out of the country getting married, and he believed someone else had been driving his car.
Members asked whether the offence had been committed in his own vehicle. The applicant explained that it was, though it was hired from the fleet operator. He was registered as the vehicle operator but was on holiday at the time, so someone else must have been driving it. He didn’t know at the time that he could appeal the conviction, as he was trying to cope with a lot of different things and didn’t fully grasp what was going on with the case.
The applicant explained that another offence related to school runs, when the private fleet operator who hired him assigned him to specific school runs that he wasn’t qualified for or comfortable doing. He also explained that he had been convicted of possession with intent to supply Class C drugs in 2008. This was many years ago, and he had been young and stupid and felt he was a very different person now.
Members queried the circumstances of one of the motoring offences, which related to using a vehicle uninsured against third party risks. The applicant clarified that this involved a personal vehicle rather than a taxi. It had a mechanical fault and he put temporary insurance on it, which he thought covered six hours, but he did this in a rush on the phone so may have made a mistake.
RESOLVED – that the application for the grant of a Hackney Carriage / Private Hire Driver’s License be refused.
RESOLVED –
(1) T H A T having regard to the report, the Guidelines adopted by the Public
Protection Licensing Committee and the representations made by the Applicant,
Members determined that the Applicant was a fit and proper person to hold a
hackney carriage and private hire vehicle driver’s licence.
(2) T H A T the driver be issued with a written warning in relation to disclosing
convictions to the Licensing Authority at the time of conviction and upon the renewal
of their licence.
(3) T H A T an advisory letter be sent to the Operator in relation to their providing
assistance to drivers to complete applications on behalf of Applicants and ensuring
points were declared.
Reasons for decisions
(1-3) Having regard to the contents of the report and discussions at the meeting.
RESOLVED – T H A T the Statement of Licensing Policy 2026-2031, as detailed in
Appendix B to the report, be approved.
Reason for decision
To ensure that the Council fulfilled its duty as a Licensing Authority under the
Licensing Act 2003.
RESOLVED –
(1) T H A T the updates to the Cabinet Quarterly Work Programme for April to
June 2026 attached at Appendix 1 be agreed.
(2) T H A T the Cabinet Quarterly Work Programme July to September 2026
attached at Appendix 2 be endorsed.
Reasons for decisions
(1) To monitor progress.
(2) To approve the Work Programme for July to September 2026.
C30 CABINET QUARTERLY REPORT - REPORTING MINUTES OF
JOINT COMMITTEES AND COMMITTEES WHERE THE VALE OF
GLAMORGAN COUNCIL IS AN ACTIVE PARTICIPANT (EL/PR) (SCRUTINY –
NO RELEVANT COMMITTEE) –
The Leader presented the report to make available to all Members the minutes from
various Committees over the period March to June 2026 as requested by
Governance and Audit Committee for ease of reference and for information.
Councillor Wilson, in referring to the minutes of the Cardiff Bay Advisory Committee,
referred to a number of matters considered at the meeting, including a Navigational
Safety and General Progress Report, production of an anniversary book
documenting Cardiff Harbour Authority’s 25th anniversary, discussion regarding
water-taxi services, and updates from Natural Resources Wales and Waterfront
Partners. The next meeting would be taking place in September and would include a
visit to the barrage to celebrate its 25th anniversary.
Councillor Williams in referring to the minutes of the Corporate Parenting Panel said
the Panel discussed the Pupil Development Grant which was specific to Children
Looked After as there had been concerns as to how processes were working and to
ensure that those children were able to access that finding. He thanked the Officers
concerned for their investigation work and ensuring that processes were now more
robust and those children would be able to access that funding wherever they were
located, including those based out-of-County. It was also noted that the Grant would
be separate from other budgets to ensure it was being spent where it was needed
and not part of more general funding. He looked forward to Cabinet receiving the
minutes from the June meeting that replaced the May date.
The Leader said that the commitment of Officers to ensure that Children Looked
After got the best possible start in life was to be applauded.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED – T H A T the minutes concerning meetings of Joint Committees and
Committees where the Vale of Glamorgan Council was an active participant from
March to June 2026 be noted.
Reasons for decision
To present to Cabinet a report on a quarterly basis which would provide an overview
of all the Joint Committee Meetings of which the Vale of Glamorgan Council was a
formal member and links to the respective minutes
C31 REVENUE OUTTURN POSITION 2025/26 (EL/PR) (SCRUTINY –
RESOURCES) –
The Leader presented the report to approve the report and the financial measures
taken and proposed.
Throughout the year, the financial position was monitored on an ongoing basis with a
full picture available at the end of year as to how some aspects had changed, where
additional grant funding had been received and where it had been necessary to use
reserves, and would assist as part of future budget-setting activities which would be
resuming for the 2026/27 financial year shortly.
The provisional outturn for 2025/26 had a near balanced position with a net adverse
variance of £47k after £6.7m unplanned use of reserves that offset existing school
deficits, which were not written off, and which would have to be recovered and would
be made available for other services. There was just under £3m of reserves used to
support Council services and a reserve allocation of £7m to create a dedicated
schools’ deficit off-set reserve.
School deficits remained the Council’s most significant financial concern with 32
schools ending the year in deficit with gross deficits totalling £14.3m. 21
schools in a surplus position with surplus balances amounting to £3.47m, leaving an
overall net deficit of £10.827m. Recovery plans were in the process of being
developed with all schools in deficit with further intervention possible should and
deficits be considered irrecoverable, however some schools concerned were working
constructively and making good progress in terms of their deficit figures. The Council
would continue to work with those schools going forward. School transport continued
to be a significant ongoing pressure.
The Social Services Directorate reported a gross overspend of £3.2m mainly due to
increased costs of children’s external placements and bespoke care packages, the
rising demand in in complexity of cases in Adult Services, overspends in residential
and nursing care placements and staffing and agency pressures within Council-run
Care Homes.
In the Environment and Housing Directorate there were overspends in terms of
highway maintenance and pothole repairs, largely due to adverse weather
conditions. Staff were commended for their part in working to redress those issues.
The Council’s usable reserves had reduced from just over £63m down to £58.5m.
The Council Fund balance had reduced from £13m to £11.93m, but still above the
minimum level as set by the Authority’ Section 151 Officer.
Borrowing and investment projects had performed favourably. The Council had set
challenging saving targets of over £8.7m for 2025/26 and 81% of those were
achieved or mitigated.
There would be an opportunity for a more in-depth discussion as the report was
being referred to Resources Scrutiny Committee.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED –
(1) T H A T the report and the financial measures taken and proposed be
approved.
(2) T H A T the reserve reductions made to offset the increased 2025/26 school
deficit position be noted.
(3) T H A T the list of adverse variances set out in the report were discussed.
(4) T H A T savings that had not been achieved in 2025/26 and previous years
were discussed.
(5) T H A T the report be referred to Resources Scrutiny Committee for
consideration.
Reasons for decisions
(1) To approve the report and the financial measures taken and proposed.
(2) To ensure that Members had been consulted on reserve reductions
undertaken to offset school deficits and ensure the sustainability of the financial
position of the Council.
(3) To inform Members of the underlying adverse variances and the need to
address those budget areas in 2026/27.
(4) To make Members aware of the value of savings that had not been achieved
in 2025/26 and in previous financial years and the need to address those budget
areas in 2026/27 through delivery of the savings or mitigation.
(5) To enable the Scrutiny Committee responsible for finance to review the year
end position.
C32 CAPITAL OUTTURN 2025/26 (EL/PR) (SCRUTINY – RESOURCES) –
The Leader presented the report to provide detail on the outturn position for the
Capital Programme 2025/26.
Due to the work carried out cross all Directorates the report noted the current
adjusted Programme of £92.717m, despite continuing challenges including
significant cost increases and shortages of resources. The Capital Programme for
2025/26 out turned at £73.765m, with slippage of just over £17m which would move
over into the 2026/27 Capital Programme.
Investment had taken place on the new school at Ysgol Y Deri, £2.5m Welsh
Government investment in schools maintenance grants that provided repairs to
existing schools including new roofs, toilets, boilers and electrical works.
There had been just investment in Social Services to fund home adaptations such as
stairlifts, level access showers or ramps, which allowed people to continue living
safely and independently in their own homes.
Expenditure within the Housing Revenue Account included work on new build
schemes and also updates and renewing of internal and external aspects of existing
housing stock. Over £4m had been spent on highways maintenance works and the
Welsh Government Brilliant Basics programme grant funded toilet refurbishment for
Cosmeston and Porthkerry parks, meaning that refurbishment had been carried out
on all but one set of public toilets in the Vale of Glamorgan which was programmed
to be brought forward.
The Leader advised that it was proposed for the report to be referred to Resources
Scrutiny Committee and looked forward to the discussion that would take place
there.
Councillor Wilson said that both Officers and external contractors had undertaken a
lot of work as part of the programme. He referred to the slope stabilisation works that
were ongoing at Penarth Marina and would be delivered over the new financial year
as a good example of capital expenditure. Another scheme that had been delivered
was the improved crossing point on Windsor Road, Penarth.
The Leader also referred to the new homes at Cwrt y Chwarel on Coldbrook Road
East in Barry and refurbishment of the warden’s office at Cosmeston which was re-
roofed and had an 18kW PV solar panel array installed.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED –
(1) T H A T the year end capital position for financial year 2025/26 be noted.
(2) T H A T the additional scheme budgets as set out in Appendix 1 to the report
be approved.
(3) T H A T the summary position of the changes in the Capital Programme by
directorate from approval at Council on 10th March 2025 to 31st March 2026, as set
out in Appendix 2 to the report, be noted.
(4) T H A T the Emergency Powers in Appendix 3, approved in respect of the
slippage, be noted.
(5) T H A T the 2025/26 Capital Programme be amended to reflect the revised
lease arrangements for 2025/26 that met the threshold for inclusion under IFRS16.
(6) T H A T the report be referred to Resources Scrutiny Committee for
consideration and for any recommendations to be returned to Cabinet for
consideration.
Reasons for decisions
(1) To inform Cabinet of the year end capital position for financial year 2025/26.
(2) To inform Cabinet of the additional schemes added to the approved
programme for 2025/26.
(3) To inform Cabinet of the changes to the Approved Capital Programme set on
10th March 2025.
(4) To advise Cabinet of the approved slippage in the Emergency Powers from
the 2025/26 Capital Programme.
(5) To request approval of the revised Leasing amendments for 2025/26 for
inclusion under the IFRS16 accounting standard.
(6) To enable the Scrutiny Committee responsible for finance to review the year
end position.
C33 ANNUAL TREASURY MANAGEMENT REPORT 2025/26 (EL/PR)
(SCRUTINY – RESOURCES) –
The Leader presented the report to seek Cabinet acceptance of the annual report on
Treasury Management 2025/26.
During 2025/26 the Council maintained an under borrowed position, with borrowing
of £20.5m split between £16m from the Public Works Loan Board, £3.5m from
another Local Authority and an additional loan of £1m which had been advanced
from the Welsh Government for Town Transformation. Of the borrowing undertaken
£10.000m was in support of capital expenditure for the Housing Revenue Account.
The Council's borrowing requirement increased £11.478m in 2025/26 giving a total
Capital Financing Requirement of £213.634m on 31st March 2026. At the same
date, the Council held £181.871m of Gross External Borrowing and other longer term
debt liability of £3.506m. The Council was therefore under borrowed by £28.257m
as of 31st March 2026. External Borrowing was well within the Authorised Limit and
Operational Boundary set for 2025/26.
The Leader said that the Council continued to have a cautious approach to
investment and the priority was to safeguard and manage investments in-house and
only invest with institutions that met the minimum credit-rating criteria. The total
interest earned on such investments in 2025/26 was just over £2.3m and the total
investment balance at the end of the year was £37.1m.
If agreed, the report would be discussed further at Governance and Audit Committee
before referral to Full Council for final consideration.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED – T H A T the annual report on Treasury Management 2025/26 be
accepted and that the report be referred to Governance and Audit Committee prior to
referral to Full Council for final approval. Should Governance and Audit Committee
have no recommendations back to Cabinet, that the report be referred directly to Full
Council for final consideration.
Reason for decision
To accept and refer the report to the Governance and Audit Committee which had
oversight of the Treasury arrangements, prior to referral to Full Council for final
approval as required by regulation.
C34 PHASE 1 WORKS ASSOCIATED WITH THE SULLY PRIMARY
SCHOOL, THROUGH THE SUSTAINABLE COMMUNITIES FOR LEARNING
PROGRAMME (EAWL) (SCRUTINY – START WELL) –
The Cabinet Member presented the report to seek Cabinet approval to award a
direct contract through the compliant direct award process under the SEWSCAP
Framework (SEWSCAP 4, Lot 3) for Phase 1 works associated with the Sully
Primary School, through the Sustainable Communities for Learning Programme.
The Leader said that there were currently five schools in progress with eighteen
already having been built. The Capital report on the agenda referred to the
Resources Base at St Cyres which was also one of several that had put in place in
various schools, and it was recognised that the Vale of Glamorgan had one of the
most successful school building programmes in Wales, whether that be as new
builds, re-models or extensions.
Councillor Birch said that the five schools in progress were Ysgol Glyn Derw at
Cosmeston should be completed this year, Sir Richard Gwyn next year for March
2026, Ysgol Bro Morgannwg, Holm View and Sully Primary Schools. She thanked
the Council Officers concerned for the work in bringing forward the programme.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED –
(1) T H A T the use of the SEWSCAP Framework, Lot 3, as a compliant route to
market for the delivery of Phase 1 works at Sully Primary School, be approved.
(2) T H A T Phase 2 proposals remained subject to the identification and approval
of future funding contributions, including Section 106 and Welsh Government
Sustainable Communities for Learning funding.
(3) T H A T delegated authority be granted to the Monitoring Officer/Head of
Legal and Democratic Services to complete and execute any contracts and any
associated legal documentation on behalf of the Council, in respect of the project
Reasons for decisions
(1) To enable the timely delivery of Phase 1 improvement works at Sully Primary
School in support of the Council’s Sustainable Communities for Learning
Programme, utilising an established and compliant procurement framework which
provided value for money, programme certainty, and reduced procurement
timescales.
(2) To note the longer-term strategic aspirations for the site and future phases of
investment.
(3) To ensure that the necessary legal documentation was in place for the
contract.
C35 OBJECTION REPORT: BENDRICK ROAD, BARRY – PROPOSED
DISABLED PERSONS’ PARKING PLACE TRAFFIC REGULATION ORDER (NBS)
(SCRUTINY – PLACE) –
The Cabinet Member presented the report to advise Cabinet of an objection received
following the statutory consultation for a proposed Disabled Persons’ Parking Place
on Bendrick Road, Barry.
The Directorate of Environment and Housing worked with the Social Services
Directorate when looking at schemes such as disabled parking bays, with any
objections to proposed schemes considered by Cabinet. A summary of the objection
received and the responses to that objection were contained within the report in
Section 4. It was necessary to balance different interests and consider public safety.
Councillor Wilson emphasised that disabled spaces were not for the exclusive use of
an individual but for anyone with the relevant permission to use them, and there
were a number of such spaces across the Vale of Glamorgan dependent on need.
The Leader said it was difficult when dealing with existing parking pressures in an
area but also important to consider those with mobility issues.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED –
(1) T H A T having considered the objection received in relation to this report, the
implementation of the proposed Traffic Regulation Order for a Disabled Persons’
Parking Place on Bendrick Road, Barry be approved.
(2) T H A T the objector be notified of Cabinet’s decision.
Reasons for decisions
(1) To ensure Cabinet fulfilled its statutory duty to consider the objection and
relevant evidence prior to determining whether the Traffic Regulation Order should
be made.
(2) To ensure transparency, procedural fairness and effective communication by
formally notifying objectors of Cabinet’s decision and the reasons for it.
C36 PENCOEDTRE PARK (NBS/LSW) (SCRUTINY – PLACE) –
The Cabinet Member for Neighbourhood and Building Services presented the report
to Cabinet which recommended a series of delegations to support the delivery of
projects awarded funding by Welsh Government’s Pride in Place Impact Fund,
including an upgrade to the existing splash pad, construction a new skate park, and
construction of a new toilet block with changing facilities.
The Cabinet Member for Leisure, Sport and Well-being added that the splash pad
had provided enjoyment for children across the local wards but needed
improvement. Pride in Place Impact Funding had been awarded to support those
improvements. It was anticipated that the construction would be a minimum of 16
weeks, therefore work would need to commence on site by the end of October / early
November to ensure completion by March 2027.
Councillor Wilson then invited comments from two of the local Members.
Councillor Brooks said that refurbishment of the free of charge and safe splash pad
had been looked at for a number of years. The skate park required updating and the
community had requested access to a toilet block nearer to where the children
played for years, and it was so positive to see that request being actioned as part of
the proposals. The site would have a water re-fill station also. Pencoedtre park was
located in the Court ward but also served Gibbonsdown and Cadoc and would
benefit the residents of those Lower Layer Super Output Areas, as well as thew
wider Vale of Glamorgan.
Councillor Perkes was mindful of how well-used the splash pad was and was
pleased that work would take place over the autumn so the free facility would be
open for summer 2027. Having the investment at Pencoedtre Park was important for
both the local and wider communities and would serve a wide range of users from
across several age groups.
Councillor Wilson thanked the local Members for their comments.
The Leader said it was hoped that the local community would get involved to assist
with painting the play area which was still in a good condition and supported by a
further play area and multi-use games areas at Palmerston nearby. A new skate
park was also opening at Cowbridge, alongside the parks already in place at Cogan,
the Richard Taylor skate park at the Knap and Dinas Powys. It was hoped that an
upgrade to the skate park at Llantwit Major once funding could be found.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED –
(1) T H A T the arrangements and progress being made in respect of the
Pencoedtre Park projects be endorsed.
(2) T H A T delegated authority be granted to the Director of Environment and
Housing, in consultation with the Executive Leader and Cabinet Member for
Performance and Resources, Cabinet Member for Neighbourhood and Building
Services, Chief Executive, Head of Finance/Section 151 Officer and the Monitoring
Officer/Head of Legal and Democratic Services to procure and appoint
contractors/suppliers as may be required to achieve project delivery, subject to
funding.
(3) T H A T delegated authority be granted to the Director of Environment and
Housing in liaison with the Head of Finance/Section 151 Officer to accept the
preferred tender(s) and approve the letting of the works contract(s) associated with
the project, following the completion of the tender process.
(4) T H A T delegated authority be granted to the Director of Environment and
Housing, in consultation with the Executive Leader and Cabinet Member for
Performance and Resources, Cabinet Member for Neighbourhood and Building
Services, Chief Executive, Head of Finance/Section 151 Officer and the Monitoring
Officer/Head of Legal and Democratic Services to direct award contracts where
necessary, subject to a compliant procurement process.
(5) T H A T delegated authority be granted to the Director of Environment and
Housing to submit a planning application(s) and building regulations application for
the project by virtue of either Regulation 3 or Regulation 4 of The Town and Country
Planning General Regulations 1992 (As Amended), if required.
(6) T H A T delegated authority be granted to the Monitoring Officer/Head of
Legal and Democratic Services to complete and execute any contracts and any
associated legal documentation on behalf of the Council, in respect of those projects.
Reasons for decisions
(1) To obtain endorsement from for the project from Cabinet for the current
position regarding the project and funding from Welsh Government.
(2) To enable the procurement process for the Pencoedtre Park Project to
progress efficiently and to support the timely delivery of the project.
(3) To obtain authority to let the works contract and for the project to be delivered
in a timely manner.
(4) To obtain authority to allow delivery of the project within funding timelines.
(5) To obtain authority to submit planning application(s) and building regulation
application (s) for the project.
(6) To authorise the Monitoring Officer/Head of Legal and Democratic Services to
execute the contract and associated legal documentation on behalf of the Council in
accordance with established governance arrangements.
C37 DECARBONISATION AND ENERGY DATA CONSULTANT
FRAMEWORK AWARD FOR HOUSING (PSHTE) (SCRUTINY – PLACE) –
The Cabinet Member presented the report to set out the rationale for a programme
of energy surveys and data collection across the Council’s housing stock, as the
Housing Service progressed towards meeting the Welsh Housing Quality Standard
(WHQS) 2023 and the pathway to WHQS 2026.
Councillor Wilson said the initiative was an example where both Portfolio holders
worked closely together with Officers and the information gathered would evidence
how the properties performed and to maximise efficiency.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED – T H A T the contents of the report be noted, with a view to taking
decisions on the award of the contract detailed within the Part II report later on the
agenda.
Reasons for decision
To update Cabinet on the strategy in meeting the first part of the WHQS’23 and to
consider approval regarding the procurement of the PAS2035 surveyors and
installation of data terminals (PAS 2035 was the overarching British Standard for
retrofitting dwellings to improve energy efficiency and included various stages, the
first of which was to survey the existing building).
C38 EXCLUSION OF PRESS AND PUBLIC –
RESOLVED – T H A T under Section 100A(4) of the Local Government Act 1972,
the press and public be excluded from the meeting for the following item of business
on the grounds that it involves the likely disclosure of exempt information as defined
in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the
Schedule being referred to in brackets after the minute heading.
C39 DECARBONISATION AND ENERGY DATA CONSULTANT
FRAMEWORK AWARD FOR HOUSING (PSHTE) (EXEMPT INFORMATION –
PARAGRAPHS 12, 12A AND 14) (SCRUTINY – PLACE) –
The Cabinet Member presented the report to set out the rationale for a programme
of energy surveys and data collection across the Council’s housing stock, as the
Housing Service progressed towards meeting the Welsh Housing Quality Standard
(WHQS) 2023 and the pathway to WHQS 2026.
This was a matter for Executive decision.
Cabinet, having considered the report and all the issues and implications contained
therein
RESOLVED –
(1) T H A T the award of the framework contract for the PAS 2035 retrofit
surveys, air leakage tests and environmental sensors to 2,000 Council homes to
‘LivGreen’, Bristol be awarded.
(2) T H A T delegated authority be granted to the Director of Environment and
Housing and Monitoring Officer/Head of Legal and Democratic Services, in
consultation with the Cabinet Member for Public Sector Housing and Tenant
Engagement to Direct Award the contract.
(3) T H A T delegated authority be granted to the Monitoring Officer/Head of
Legal and Democratic Services in consultation with Head of Finance/Section 151
Officer to finalise, complete and execute a RICS Standard Form Contract with
LivGreen, Bristhe contract and all ancillary documentation necessary to give effect to
Resolution (2).
Reasons for decisions
(1) To comply with the Council's Contract Standing Orders and Financial
Procedure Rules, which required contracts with a value in excess of £300k to be
agreed by Cabinet.
(2) To enable the contract documentation to be finalised with the successful
contractor, within the tight timeframe for allocation and delivery of the project within
the financial year.
(3) To ensure that the necessary legal documentation was in place for the
contract.
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 the driver had declared 12 points on his driving licence.
Addressing the Sub Committee, the driver’s friend stated that he hoped Members would consider that he had been a taxi driver for more than 30 years, and had received no complaints from the public in that time. The driver apologised for the first mobile phone offence, as he had touched his phone while at a traffic light, but felt that the second offence had been unfair, so he had wanted to appeal it but been unable for financial reasons.
The driver’s friend added that in their community the driver was known as somebody who gave free rides to people who were vulnerable or on their own. He had never had an argument or an incident with his passengers, was a compassionate and considerate person, and supported his four children.
Members asked about the second mobile phone offence and heard that the driver felt he had been looking behind him to check his passenger was getting out of the vehicle safely when the police suggested he had been using his phone. He understood the gravity of the offence and the need to meet the standards of professional driving.
Members asked whether the driver had been disqualified for totting up 12 points when he went to court, and heard that he had not because he had made an application for exceptional hardship.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be suspended for 7 days.
(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 since renewal of his licence he had failed to provide his DBS certificate.
The driver was not in attendance.
RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence 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 the driver had declared he was disqualified from driving for six months.
Addressing the Sub Committee, the driver explained that he had totted up points and then notified the council when he was disqualified. He had gone over the speed limit in a couple of 20mph zones that he thought were 30mph. He was not a fast driver and tried to take due care and attention. The disqualification had taken away his income and his insurance had gone up as well, so it had been a difficult time.
Members asked how fast he had been driving for the offences. The driver recalled that one had been 35mph in a 30 zone, and another was 26mph in a 20 zone. He had passengers in the taxi on two occasions, both in 20mph zones. He suggested that one of the speed cameras that caught him had been hard to see, which Members stressed was irrelevant. Members asked whether the driver had applied for exceptional hardship, and heard that his solicitor had advised otherwise.
RESOLVED – that the driver receive a written warning.
(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 the driver had declared six points on his driving licence.
Addressing the Sub Committee, the driver explained that he had been caught twice going 36mph in what he thought was a 40mph zone, the same day the limit had changed. He received six points for this, which had since expired, and there were now only three points on there.
Members queried the other three points on his licence, which the driver explained was for a speeding offence in January 2025. He had gone slightly over the limit due to tiredness at the end of a long shift, and had since reduced his hours. He didn’t have a passenger at the time and was on his way home.
The driver’s representative added that the last offence was still under consideration because the driver had put in an appeal due to camera not being properly calibrated, but he had taken responsibility for going over the limit. He had paid a fine which had been refunded, and had made a hardship application which had been granted.
RESOLVED – that no further action be taken.
(5)
Application 5
This item was deferred to the next meeting.
AGREED.
Freedom of Information Act 2000, designation of the Council’s ‘Qualified Person’ for purposes of the Section 36 Exemption.
Adding this as delegated authority to the Monitoring Officer.
AGREED.
Trusts governance – to reference the Trusts Cabinet Committee and approved officer delegation; and amend the Procedure Rules for the Acquisition or Disposal of Land to reference land held in trust.
Clarification points.
AGREED.
Delegation for responses to Government consultations.
AGREED.
Protocol on Member / Officer Relations, update.
AGREED.
Councillor Call for Action.
Criteria be considered, and a further report will be brought to the Committee.
AGREED.
Allocation of certain local choice licensing function
Refresh to ensure that the Constitution reflects the law.
AGREED.
Joint Committee delegations, update.
Refresh of Constitution.
AGREED.
Delegated authority for amendments to operational HR employment policies
Discussed with Chief Executive and Chief HR Officer.
AGREED.
Delegated authority to update RIPA (Regulation of Investigatory Powers) policies and procedures.
Monitoring Officer to make timely amendments
AGREED.
Allocation of Non-Executive Functions; Committee membership requirements.
Minor changes required.
AGREED.
A number of other minor amendments
· Committee Membership requirements – Article 8.
· Clarification point - Independent Members voting at Standards & Ethics Committee in addition to Council Members.
· Aligning Finance Contract provision thresholds at £75,000.
AGREED.
The Chair requested that consideration of a summary of Officers Decisions and their call in status be presented to Council for information.
RESOLVED:
· To approve the minor Constitution amendments made under the Monitoring Officer’s delegated authority, as referenced in the report for the Committee’s information
· To approve the substantive Constitution amendments recommended in the report, including any agreed changes
· Authorise the Monitoring Officer, in consultation with the Chair, to draft any further amendments to reflect the views of the Committee
Recommend the agreed substantive Constitution amendments to full Council for approval.
Decided: Council adopted the revised Statement of Licensing Policy, to be published and to take effect from 8 July 2026. It also authorised the Head of Shared Regulatory Services to make administrative amendments if needed.
RESOLVED – That the Sub Committee, having considered the application on its individual merits, the committee papers, the Licensing Act 2003, the Section 182 guidance, the council’s Statement of Licensing Policy, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and objectors during the hearing in its determination of the matter, REFUSED the application.
Members noted that the applicant demonstrated a significant lack of understanding of the licensing objectives and the legal requirements of the licensing regime. In particular, the applicant was unable to explain the licensing objectives when asked and provided inconsistent information regarding the operating hours of the premises. In particular, the applicant initially suggested that the premises had previously operated until 3am, which was later clarified as incorrect following advice from the Licensing Officer, and subsequently revised again during the hearing. The Sub Committee considered that this inconsistency reduced the weight that could be attached to the applicant’s evidence.
Members further noted that the applicant was unable to provide clear or detailed explanations as to how the licensing objectives would be promoted. In particular, limited detail was provided in relation to staff training, with reliance placed on unspecified training to be delivered by a franchisor, without any clear understanding of its content or implementation. There was insufficient evidence of measures to manage customers during late night hours, including how difficult or intoxicated individuals would be dealt with. No robust dispersal policy or noise management measures were outlined, despite the premises seeking to operate until the early hours of the morning. The Sub Committee also found that the applicant did not demonstrate an understanding of the risks associated with late-night operation in a busy and densely populated area.
The Sub Committee took into account the representations of the Ward Member, who highlighted existing issues on Crwys Road relating to noise, anti-social behaviour, and crime, particularly during late night hours. It was noted that the road already contained a substantial number of licensed premises and that residents had raised complaints about disturbance, waste management, and sleep disruption. The Sub Committee considered that the introduction of an additional premises operating until 3am was likely to add to the potential for noise and disturbance in the area, particularly in the absence of robust control measures.
Whilst the Sub Committee acknowledged the applicant’s submission that the premises had not previously been the source of complaints, it gave this limited weight given that the premises had not been operating under a premises licence permitting late-night refreshment beyond 11pm.
The Sub Committee also gave weight to the fact that this was the applicant’s first experience of the licensing process. However, this did not outweigh the concerns regarding the lack of understanding and the absence of appropriate safeguards.
Having carefully considered all of the evidence, the Sub Committee was not satisfied that the applicant had demonstrated that the licensing objectives would be promoted. In particular, the Sub Committee found that granting the application would be likely to undermine the prevention of crime and disorder and the prevention of public nuisance, having regard to the nature of the area, the proposed hours, and the lack of adequate control measures.
The Sub Committee resolved to refuse the application.
RESOLVED – T H A T the draft Statement of Licensing Policy be approved and the
Policy referred to Cabinet and Full Council for final approval.
Reason for decision
To ensure that the Licensing Authority fulfilled its duty under the Licensing Act 2003.
Vale of Glamorgan, Licensing: Public Protection Committee,
RESOLVED – T H A T having regard to the report, the Guidelines adopted by the
Public Protection Licensing Committee and the representations made by the
Applicant, Members determined that the Applicant was not a fit and proper person to
hold a hackney carriage and private hire vehicle driver’s licence.
Reason for decision
Members found that there was insufficient information provided to them to constitute
grounds for departing from the adopted guidelines on determining the suitability of
applicants.