Agenda item

To submit the report of the Head of Regulatory Department for decision

Submitted for a decision - the report of the Head of Regulatory Department drawing the Members’ attention to the background of the report. It was noted that at a meeting on 17 September 2012, the Committee had resolved to delegate the power to the Head of Regulatory Department, in consultation with the Chair and Vice-chair of the General Licensing Sub-committee, to approve taxi vehicle licensing decisions for vehicles that did not comply with the authority’s policy.  On 8 December 2014, the Committee had resolved that an additional member, Councillor Peter Read, was to be included on the ‘decisions panel’ in order to ensure that three areas (Arfon, Meirion, Dwyfor) were represented.

During the period between 17 September 2012 and 30 April 2015, it was reported that a total of 73 licences had been granted for vehicles which were contrary to Gwynedd Council’s existing Hackney Carriage Vehicle policy. It was noted that the number of applications to license vehicles that failed to comply with the policy had increased considerably since the decision had been made to delegate the licensing decisions to the Head of Regulatory Department in consultation with the ‘decisions panel’. 

It was recognised that the consultation process was quite intensive as many applicants were eager to receive a decision on their application as soon as possible. It was noted that complaints had been made recently to the Council regarding delays and the way in which applications to license a vehicle that did not comply with the policy were being processed. In light of these complaints, the Head of Regulatory Department had resolved to review the situation and hold discussions with the Legal Department to obtain advice regarding the current arrangement for making decisions. It was highlighted that there was no change to the process but that clarity was required regarding the advice offered to applicants when making initial enquiries about applications. It was added that applicants must submit a formal application. It was noted that reviewing the process had been useful and that applicants’ expectations of the situation were managed effectively as a result.

In response, an observation was made that a delayed decision was usually the result of specific reasons and that the main aim was to make the right decision to ensure public safety.

In relation to paragraph 3.4 of the report, the solicitor explained that it would not be the fact that the ‘Decisions Panel’ members failed to reach a decision on an application for advice on a specific vehicle that would exclude them from voting on a licence application in relation to that vehicle at the General Licensing Sub-committee hearing, rather it would be the fact that they had dealt with the application for advice in the first place.

The Senior Planning and Environment Manager and the Solicitor confirmed the following changes to the report: delete paragraph 4.5; delete paragraph 5.1 and insert a new 5.1 paragraph as follows “The report notes”; delete paragraph 5.2 and insert a new 5.2 paragraph as follows “It is noted that pre-application advice is provided by the Licensing Unit, on an impartial basis, on an application’s likely result, before submission of a formal application.”

RESOLVED to accept the report in accordance with the amended recommendations.

The meeting commenced at 11:00am and concluded at 11:55am.