Public Protection Committee

PUBLIC PROTECTION COMMITTEE

11 JANUARY 2011

Present: County Councillor Bridges (Chairperson); County Councillors Ali, Cox, Goddard, Grant, Griffiths, Derrick Morgan, Elgan Morgan, Singh and Smith

PP87 : MINUTES

The minutes of the meeting held on 7 December 2010 were approved by the Committee as a correct record and signed by the Chairperson.

PP88 : HACKNEY CARRIAGE/PRIVATE HIRE MATTERS

RESOLVED – That the following matters be dealt with as indicated:

(1) S Khan: Mazda 6

Application to have the Mazda 6 approved as a Prestige Vehicle with a ten year age restriction approved.

(2) M Rind: Vauxhall Omega: Registration No. X682 FLC

Application to extend the licensing period of Vauxhall Omega Registration No. X682 FLC for a further period granted.

(3) M M Alam: Rover 618: Registration No. V369 JSB

Application to extend the licensing period of Rover 618 Registration No. V369 JSB for a further period granted.

(4) M Hussain: Rover 620: Registration No. V654 FEC

Application to extend the licensing period of Rover 620 Registration No. V654 FEC for a further period granted.

PP89 : UNDERAGE SALES

The Chief Strategic Planning & Environment Officer presented a report Public Protection Committee 11 January 2011 2 regarding the sale of age restricted products in Cardiff. The Committee has a statutory duty to deal with enforcement of age restricted products under a number of Acts of Parliament, products such as alcohol, cigarettes, aerosol paint, videos and DVDs, lighter fluids, fireworks, solvents, knives and lottery tickets.

Members received a report which provided details of the work undertaken by the service area in relation to age restricted sales during 2010 and outlining proposals of an age restricted sales monitoring programme during 2011. Members were requested to consider approving the implementation of that Programme.

The Committee received a presentation from Dave Holland, Operational Manager – Consumer Protection. Trading Standards Officers have been enforcing age restricted sales legislation for a number of years through a programme of test purchases and educational projects. In addition to guidance and advice to businesses and dealing with complaints, a programme of test purchases using child volunteers is employed. These test purchases follow a strict Code of Practice to ensure that the welfare of any child is paramount.

The Committee was advised that the Authority has limited powers to deal with underage sales of alcohol. The Committee received figures for test purchases made during 2002/03. These figures indicated that the sale of alcohol to young people in Cardiff was an area of concern, due to the high percentage of test purchase sales which were made.

Officers identified the following issues as factors which had influenced test purchase sales:

• No check on age of purchaser (40% of cases). • No systems to train staff. • Where systems existed they were not followed. • Poor supervision – some staff made sales even when volunteers had told them their true age.

Members were advised that the Trading Standards Services was aiming to prevent harm to children and the nuisance caused by age restricted products by:

• Providing information to retailers. Public Protection Committee 11 January 2011 3

• Responding to complaints. • Test purchasing. • Prosecuting offenders.

The Committee also received details of the sanctions Trading Standards Officers may impose on retailers, including penalty notices and court proceedings.

Members were advised of the number of prosecutions made by the Authority between 2007 and 2009. Cardiff’s figures were compared to a neighbouring Authority. Similar comparison was also made in relation to the number of premises licence reviews made by each Authority over the same period, and the outcome of each review proceedings accordingly.

Officers provided details of the steps taken by the Authority to engage with retailers. The presentation was concluded by providing Members with up to date statistics regarding test purchases in Cardiff, and on an all- Wales basis. These figures indicated that test purchase infringements were decreasing in retail premises. However, there had been an increase in infringements at licensed premises.

Members debated the matters raised. Clarification was sought on a number of issues including whether additional funding was available to fund test purchase operations and whether work was being undertaken in partnership with other agencies.

RESOLVED – That

(1) the report be noted and received on an annual basis

(2) the proposed monitoring programme for 2011, in respect of age restricted products, be approved for implementation.

(County Councillor Derrick Morgan declared an interest in the following item under the Members’ Code of Conduct as he had campaigned in support of the application as the local ward Member. Councillor Morgan remained in the meeting. He was advised that he may address the Committee but took no part in the decision.)

Public Protection Committee 11 January 2011 4

PP90 : RUMNEY RECREATION GROUND: APPLICATION TO REGISTER AS A TOWN OR VILLAGE GREEN

On 8 January 2010 Mr Alun Michael MP made an application to the Council under Section 15 of the Commons Act 2006 to register Rumney Recreation Ground as a Town or Village Green. On 6 July 2010 the Committee resolved that the application be considered at a non-statutory public inquiry and that the Committee decide the application following the outcome of that inquiry. The principal reason for this approach was that the Council, as the Registration Authority and the landowner, has dual roles in this matter.

As Registration Authority the Council had to consider the application purely on its legal merits.

The City & County Solicitor instructed Mr Leslie Blohm QC as an Inspector for the non-statutory public inquiry. The inquiry was held over three days in September 2010. The Committee received Mr Blohm’s report which concluded that the application for Town or Village Green status should fail. The reasons for the conclusion were set out in the report.

Councillor Derrick Morgan addressed the Committee as the local ward Member. He requested that the Committee defer its decision so that the applicants could seek further clarification on a number of issues contained within Mr Blohm’s report.

The Committee was advised that members of the public wished to address the Committee on the application. The Chair ruled that the public inquiry had provided a forum for members of the public to speak and that they would not be permitted to speak at the meeting.

Members of the Committee debated the findings of the public inquiry. It was proposed that the Committee overturn the findings of the public inquiry and allow the application. It was further proposed that the applicants should be afforded the opportunity to rebut Mr Blohm’s findings and, therefore, to allow a deferral of the decision, as requested by Councillor Derrick Morgan.

Following a request for a recorded vote on these matters, the proposals Public Protection Committee 11 January 2011 5 before the Committee were voted on as follows:

(i) To allow the application to register Rumney Recreation Ground as a Town or Village Green.

In favour: Councillors Goddard, Griffiths, Singh and Smith.

Against: Councillors Ali, Bridges, Cox, Grant and Elgan Morgan.

The proposal was therefore lost.

(ii) To defer consideration of this matter for one month.

In favour: Councillors Goddard, Griffiths, Singh and Smith.

Against: Councillors Ali, Bridges, Cox, Grant and Elgan Morgan.

The proposal for therefore lost.

(iii) To refuse the application to register Rumney Recreation Ground as a Town or Village Green.

In favour: Councillors Ali, Bridges, Cox, Grant and Elgan Morgan.

Against: Councillors Goddard, Griffiths and Smith.

Abstained: Councillors Singh.

The application to register Rumney Recreation Ground as a Town or Village Green was therefore refused.

PP91 : SKIN PIERCING REGISTRATIONS

The Committee noted the action taken by the Chief Strategic Planning & Environment Officer in respect of the following application:

(1) Mr G Meng – Dragon TCM, 68 City Road, Plasnewydd

Renewal of Skin Piercing Personal and Premises Registrations.

Public Protection Committee 11 January 2011 6

PP92 : ANIMAL LICENCE APPLICATIONS

RESOLVED – That the following application be dealt with as indicated:

(1) Mr R Lovell – Maidenhead Aquatics (New Premises), Pughs Garden Centre, Morganstown, Radyr

Application for the grant of a Pet Shop Licence granted.

PP93 : ANIMAL LICENCE APPLICATIONS - DELEGATED

The Committee noted the action taken by the Chief Strategic Planning & Environment Officer in respect of the following applications:

(1) Maesgwyn Cattery – Georgetown, Gwaelod y Garth, Pentyrch