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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED – That Agenda Items 6 and 7 be brought forward and taken at this time.
RESOLVED – That the Press and Public be invited back into the meeting.
RESOLVED – That the implementation of the draft Suitability Criteria be deferred to allow the Committee to fully consider the range of options to address the provisions of paragraph 3.5 of the DfT standard for existing licence holders.
An apology for absence was submitted on behalf of Councillor Tina Mannering.
RESOLVED – That the Minutes of the Meeting held on 29 January 2024 be signed as a correct record.
Decision as recorded
RESOLVED – That Agenda Items 6 and 7 be brought forward and taken at this time.
RESOLVED – That Agenda Items 6 and 7 be brought forward and taken at this time.
Agenda Item 7: Members determined in considering this report that Paragraph 12 should apply. Their view on the public interest test was that to make this information public would disclose personal data relating to an individual in contravention of the principles of the Data Protection Act. Because of this and since there did not appear to be an overwhelming public interest requiring the disclosure of personal data they felt that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. RESOLVED - That the press and public be excluded from the Meeting during consideration of the following item of business, as it is likely that, if they were present, there would be disclosure to them of exempt information as defined in Paragraph 12 of Part 4 of Schedule 12A to the Local Government Act 1972 (as amended).
Decision as recorded
RESOLVED – That the Press and Public be invited back into the meeting.
RESOLVED – That the Press and Public be invited back into the meeting.
Decision as recorded
RESOLVED – That the implementation of the draft Suitability Criteria be deferred to allow the Committee to fully consider the range of options to address the provisions of paragraph 3.5 of the DfT standard for existing licence holders.
The Chief Officer Economy and Planning submitted a report (COEP/17/24) to present to Committee revised Suitability Criteria for Drivers and Operators for approval. Presenting the report the Trading Standards and Licensing Lead reminded Members that the subject of this report had been submitted to the Committee at the meeting held on 29 January 2024 but the matter had been deferred. He reported that although the subject and the recommendations were the same in this report, the content of the previous report had been updated. The officer highlighted the key points that differed from the previous report, drawing Committee’s attention to paragraphs 4.4 and 5.5 in particular. Members considered the report and asked questions of the officers present. During debate the following matters were highlighted: · The practicalities associated with the additional option that would be open to Committee when determining an application or reviewing an existing licence, which would allow the imposition of an appropriate sanction such as relevant training (section 6.1 refers). Officers advised that they were confident that suitable facilities for options such as driving assessments could be sourced. It was anticipated that the cost would be met by the applicant/driver. · Further information requested in respect of dealing with how to address the provisions of paragraph 3.5 of the DfT standard for existing licence holders. Officers confirmed that Members would be invited to consider a range of options presented in a separate report to a future meeting of this Committee to enable them to make a fully informed decision on the most appropriate and proportionate solution. There were differing views from the Committee in respect of the most appropriate way to deal with existing licence holders and when the Suitability Criteria should be implemented. · Noted that applicants and drivers would no longer be required to list their previous convictions, cautions and other matters on their application for a new or renewed licence, in accordance with section 4.1 of the DfT Standards which specifically warned against licensing authorities circumventing the DBS process by seeking details of previous criminal convictions and other information that may not be disclosed on a DBS certificate. An enhanced DBS certificate was required for every applicant and this was the definitive record of previous convictions and other matters upon which decisions must be based. Some Members expressed concern at the proposed change preferring to retain the declaration of previous convictions. It was explained that to do so would place the Authority at risk of breaching data protection legislation. · The Legal Officer informed Committee that compliance with the statutory standards set out by the DfT was required and the standards applied to Wales until such time that they were superseded by Welsh Government legislation. By adopting the DfT Standards the Council would reinforce its commitment to ensuring only fit and proper persons were licensed. RESOLVED – That the implementation of the draft Suitability Criteria be deferred to allow the Committee to fully consider the range of options to address the provisions of paragraph 3.5 of the DfT standard for existing licence holders.
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