Agenda and minutes

Members are asked to declare any interests in the items under consideration and in doing so state:

(1) the type of interest concerned; and

(2) the nature of the interest concerned

If any member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

There were no declarations of interests on this occasion.

To agree the minutes of the last meeting held on 6 September 2016 as a true and correct record.

Resolved:

That the minutes of the meeting held on 6 September 2016 be signed by the Chairman as a correct record.

That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the whole item, including the decision referred to at Agenda items 4,5 and 6 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

To consider an applicant and licence holders who have been convicted of offences or who have otherwise given reasons for concern.

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee was informed of two existing Hackney Carriage and Private Hire vehicle drivers and a new Private Hire and Hackney Carriage Driver applicant that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the applications and referrals as follows:

(i)                 HM – Existing Hackney Carriage and Private Hire Vehicle Driver

HM was in attendance and made representations to the Sub-Committee.

The complainant was also in attendance and made representations to the Sub-Committee.

Mr Mark Marshall, Licensing and, Health and Safety Manager, and Mr Ian Taylor, Public Protection Officer, were in attendance and presented the case on behalf of the Authority.

The Sub-Committee was informed of an incident in which the complainant alleged that the driver had demonstrated aggressive and threatening behaviour towards her whilst carrying out his duties as a licensed driver.

The driver and the complainant presented differing accounts of the incident and the Sub-Committee expressed concerns about allegations made by both parties.  In view of the lack of evidence the Members were unable to make a determination on the conduct alleged.  Members also discussed the driver’s admitted conduct in leaving his vehicle and approaching the complainant’s vehicle and whether his behaviour was in keeping with the standards expected of a licensed driver. They determined that it was not, however, the Sub-Committee also considered a lack of evidence in relation to the majority of the incident and the driver’s previously clean track record as a licensed driver.

Resolved:

That the Hackney Carriage and Private Hire Vehicle Driver should receive a severe warning letter for behaving in a manner that caused distress to a member of the public and indicated that in the event of further offences, suspension or revocation of the licence would be the likely outcome.

(ii)               GIJ – Existing Private Hire Vehicle Driver

GIJ was in attendance and made representations to the Sub-Committee.

Mr Marshall, and Mr Shaun Louth, Blackpool Council Vehicle Technician, who was also in attendance, presented the case on behalf of the Authority.

The Sub-Committee noted that the driver had allowed his vehicle to enter a state of disrepair and during the course of a routine inspection, the vehicle was found to have a number of serious defects, several of which were classed as MOT failure faults.

The driver admitted to lapses with the vehicle’s maintenance regime and expressed regret at what had happened. He added that he had since put in place measures designed to ensure that a similar situation would not arise in the future.

Members considered the driver’s experience and previously clean track record. However, the Sub-Committee reasoned that the number and nature of the vehicle faults were of concern especially as some should have been identified even upon casual inspection.

Resolved:

To issue the driver with a warning letter in relation to his conduct indicating that if he was brought before the Sub-Committee again in the future, suspension or revocation of the licence would be the likely outcome.

(iii)             WTM -  ...  view the full minutes text for item 4.

To consider whether or not a licence holder is a fit and proper persons to hold a Private HireVehicle Licence.

(This item contains personal information regarding licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee was informed of an existing Private Hire Vehicle Licence holder that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the referral as follows:

GIJ –Existing Private Hire Vehicle Licence holder

GIJ was in attendance and made representations to the Sub-Committee.

During consideration of the same driver’s Private Hire Driver’s Licence at Agenda Item 3, the Sub-Committee decided to issue the driver with a warning letter in relation to the maintenance issues identified on his vehicle.

Resolved:

To take no further action in relation to the Private Hire Vehicle Licence.

Background papers: exempt

To consider an applicant who has been convicted of offences or who has otherwise given reasons for concern.

(This item contains personal information regarding an applicant which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee was informed of an application for a Donkey Driver’s Licence that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Mr Ratcliffe presented the case on behalf of the Local Authority.

The applicant, ASL was in attendance and made representations to the Sub-Committee.

The Sub-Committee was advised of two incidents involving the applicant, one of which had involved violence.

The applicant described difficult circumstances surrounding the convictions and accepted responsibility for his actions. In addition, three character references were circulated to Members that described the applicant in favourable terms.

The Sub-Committee reasoned that the applicant seemed to demonstrate remorse for his actions and had the support of others in the form of character references. However, members expressed concern at both the nature and recency of the applicant’s offences and agreed that insufficient time had elapsed since the offences for the application to be approved.

Resolved:

That the application for a Donkey Driver’s Licence be refused on the grounds that the applicant was not a fit and proper person due to the nature and recency of his offences.

Background papers: exempt

To note the date of the next meeting as:

8 November 2016

Members noted that the date of the next meeting was scheduled for Tuesday 8

November 2016.