General Licensing Committee

None.

Also in attendance for this item: Cllr Alun Jones (Mayor of Llanrwst Town Council) Cllr Aaron Roberts (Llanrwst Town Council) Mr Lyn Jones (Clerk of Llanrwst Town Council) The Principal Trading Standards and Licensing Officer presented a report advising of an application by Llanrwst Town Council to change the designation of streets in Llanrwst from Prohibited Streets to Consent Streets to allow street trading. If changed, it would mean that any person wishing to trade on the street footway or other area to which the public have access without payment, would need to apply to the County Borough Council to obtain consent in line with the Council’s Street Trading Policy. In support of the application, Cllr Alun Jones explained that the Town Council had recently undertaken a public consultation exercise and a number of responses had suggested more events in the town centre. The Town Council wanted to enhance the Christmas Market offer to attract more visitors. The local elected member, Cllr Aaron Wynne, was also supportive of the application as a way to boost the town’s economy. In response to queries the committee noted the following: • If supported, there was a statutory process that needed to be followed to notify the public and provide the opportunity for comments. • Officers had delegated authority to determine applications for Street Trading so individual ‘events’ wouldn’t ordinarily come before the committee. • There were standard conditions applied to Street Trading events which included the need to tidy up the area after the event had finished. RESOLVED - That the committee confirm the intention to change the designation of the requested areas from Prohibited Streets to Consent Streets and authority be given to the Head of Regulatory and Housing Services to take the appropriate statutory procedures to make the change.

The Principal Trading Standards and Licensing Officer presented a report asking the committee to grant officer’s reasonable discretion with regard to the age limit of accessible hackney carriages and private hire vehicles. In presenting the report, the committee were advised that the intention was to increase the use of accessible vehicles and provide access to licensed vehicles to all members of the public. If supported an amendment to both the hackney carriage vehicle specification and private hire vehicle conditions would be required. In considering the report the committee discussed the following: • The number of officers and the qualifications required to undertake these inspections. • The officer role was to determine whether accessible vehicles over 5 years old (on first registration) were considered to be in exceptional condition. • There would still be a requirement for the vehicle to pass a Certificate of Compliance. • The age of the car shouldn’t be the only consideration, e.g. mileage should be a considering factor. However, the current policy only referenced the age of the car. • The recommendations of the Leonard Cheshire report and the need to increase the number of accessible vehicles, without reducing safety. • The possibility of introducing an age limit, e.g. over 5 years but under 10 years. RESOLVED – That officers be requested to consult with the public, hackney carriage proprietors and private hire operators with a view to amending both the hackney carriage vehicle specification and private hire conditions (as per sections 3.3 and 3.5 of the report) and with the possibility of introducing an age ceiling. (Note: Councillor Harry Saville declared a personal interest in the above item, as his mother-in-law operates a business which could be affected by the above decision and she also holds a position within the Conwy Taxi Operators Group, which acts as a trade body representing the taxi trade in Conwy. As the interest was considered prejudicial, Councillor Saville left the meeting whilst the matter was being debated and voted on.)

The Principal Trading Standards and Licensing Officer presented a report seeking authority to introduce a multi-zone hackney carriage licence. It was noted that, at present, hackney carriage drivers are only authorised to ply or stand for hire in the applied for and granted hackney carriage zone (either Conwy Rural, Colwyn or Llandudno). If a new multi-zone hackney carriage licence was supported it would result in an extended knowledge test and allow drivers to operate in all three zones. RESOLVED – (a) That all new hackney carriage applications be made multi-zone licences at a cost of £407 based on the additional time required for a knowledge test covering all three zones. (b) That all present hackney carriage licence holders be allowed to apply for a multi-zone licence for a one off application fee of £62 which will require them passing an extended test and the processing and issuing of a new licence and ID card. This application to be available to all current drivers for a period of three months from the date of implementation. (Note: Councillor Harry Saville declared a personal interest in the above item, as his mother-in-law operates a business which could be affected by the above decision and she also holds a position within the Conwy Taxi Operators Group, which acts as a trade body representing the taxi trade in Conwy. As the interest was considered prejudicial, Councillor Saville left the meeting whilst the matter was being debated and voted on.)

Members were required to determine an application for a Private Hire Vehicle Licence (new application) for a Mercedes Benz C250, AMG registered in 2015 (X55 DOR) and consider whether, in light of the information presented, the application could be granted or refused. In determining the application, officers were unable to grant the application change on the grounds that the proposed vehicle did not meet Conwy’s Private Hire Vehicle Conditions of Licence, specifically “All vehicles must be under five years old from the date of the first registration and on subsequent licence be in an exceptionally good mechanical and bodily, interior and exterior condition.” The applicant, Mr. Steve Foster, was in attendance at the meeting and, in addition to the information already submitted as part of his application, made the following representation: • The specification of the vehicle, use of green fuel, and the resultant low emissions, made the car eco-friendly (in line with the aims of the Council’s Climate Emergency Declaration). • Full service history by Mercedes Benz. • High standard of the car, inside and out. • Ambition to enter the ‘executive’ market and provide a very high standard of service to clients. Those committee members present in the chamber were given the opportunity to inspect the vehicle. Following the inspection it was noted: • The vehicle appeared to be very well maintained. • The vehicle had a 2.1L diesel engine but because of the low emissions the owner only paid £35 road tax. • The mileage appeared to be relatively low (but it was noted that low mileage didn’t necessarily mean the vehicle was safe). At this point the committee (physical attendees only) went into private session. In determining the application the committee was satisfied that: • The condition of the car was of an exceptionally high standard (inside and out), with relatively low mileage; • There was an assurance that the vehicle had been regularly maintained and serviced; • The vehicle would still need to pass the Certificate of Compliance and Ministry of Transport test. RESOLVED – That, for the reasons stated about, the application for a Private Hire Vehicle Licence be granted. (Note: Only those committee members physically present could inspect the vehicle and, as such, only those members could determine the application (i.e. committee members remoting into the meeting did not vote).

Members were required to determine an application for a Hackney Carriage Licence (new application) for Premier Motors Group North Wales Ltd. for Llandudno zone and to consider whether, in light of the information presented, the application could granted or refused. In determining the application, officers were unable to grant the application as the proposed vehicle did not meet Conwy’s vehicle specification policy for hackney carriages, specifically accessibility requirements which stated “All applications for the grant of a licence must relate to a vehicle which is wheelchair accessible. The vehicle must also be side loading.” The applicant, Mr. Chris O’Neal, was in attendance at the meeting and, in addition to the information already submitted as part of the application, made the following representation: • The company already operated a number of vehicles in the Gwynedd and Anglesey areas, more recently moving into Conwy. • Currently operating six private hire vehicles in Conwy but in order to build the business and keep it viable there was a need to operate from the hackney carriage ranks. • Drivers were ‘employees’ of the company, not self-employed. • Their Business Plan was to build on the number of cars in the Conwy area over a 2 year period. • As a result of Conwy’s policy there were already 17 Wheelchair Accessible Vehicles (WAVs) operating in the area, other counties had much fewer. • Reference was made to the Leonard Cheshire report and the Council was only picking out certain recommendations. Introducing a requirement for all new vehicles to be WAVs felt like a ‘sledgehammer to crack a nut’; not all the Council’s play parks had wheelchair accessible apparatus. • The vehicle (MG5) was fully electric, supporting the Council’s green agenda. • According to statistics 9.2% of residents in Conwy had a disability. • Not all taxi ranks were suitable for wheelchair side loading vehicles. • ‘Grandfather Rights’ made the process unfair for new operators and the Council’s stated standard was ‘Fairness to All’. The applicant did invite the committee to inspect the vehicle but as the consideration was around accessibility and the make and model of vehicle clearly didn’t comply with wheelchair accessibility requirements, the committee RESOLVED not to inspect the vehicle. This allowed all committee members to participate in the determination of the application. At this point the committee went into private session. In determining the application the committee was satisfied that Council’s policy was the agreed starting point and there was no reason to depart from that policy. The committee took account of the relevant legislation around accessibility. The committee also considered the merits of an electric vehicle but did not feel that was sufficient to over-ride the requirements around accessibility. RESOLVED – That, for the reasons stated above, a Hackney Carriage Licence not be granted.