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 either a

(a)   personal interest

(b)   prejudicial interest

(c)    disclosable pecuniary interest (DPI)

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 declaration of interest made on this occasion.

The Public Protection Sub-Committee considered excluding the public and press from the agenda item two as those items contained information which was exempt from publication by virtue of Paragraph 1 of Section 100 (A) of the Local Government Act 1972.

It considered that the public interest would not be served by allowing the information to be held in open session due to the sensitive information about individuals outlined.

Resolved: That under Paragraph 1 of Section 100 (A) of the Local Government Act 1972,the public and press be excluded from the meeting during consideration of the whole item, including the decisions referred to at agenda items two.

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

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

The Public Protection Sub-Committee considered a Private Hire Driver’s Licence holder who had been convicted of an offence or otherwise given reason for concern.

(i)                  J.P.G.

Mr Lee Petrak, Trading Standards and Licensing Manager, presented the case to the Sub-Committee. He informed Members that JPG was an existing Private Hire Driver Licence holder since 2016. JPG had previously appeared before the Sub-Committee at it 30 June 2020 meeting where they received a warning letter for failing to disclose receiving nine penalty points on their driving licence for speeding offences.

JPG had been referred for consideration as a fit and proper person to hold a licence following an incident that resulted in a road traffic collision in August 2020. Mr Petrak reported that the Licensing Service had received intelligence from Lancashire Constabulary that JPG had caused a collision after failing to stop for a red traffic light. The Sub-Committee was shown dash camera footage of the incident taken from JPG’s private hire vehicle.

JPG joined the meeting and explained that they were deeply sorry for the incident. They further explained that it had occurred following a lapse in concentration where they had assumed the traffic lights would change as they approached them. JPG also added that they had been driving for twenty years and had not had an accident before. They also added that driving as a Private Hire Driver was their livelihood and that they had a family to support.

Mr Petrak stated that the camera footage shown indicated that JPG had not been wearing a seatbelt at the time of the incident and asked why this had been the case. JPG responded that they could not recall why this would be the case as their memory of the incident was unclear. Mr Petrak also asked if a report had been undertaken to determine if the seatbelt had been used. JPG replied that they were unaware if any check had taken place.

The Sub-Committee asked if JPG could assure them that they were a fit and proper person to hold a Private Hire Driver’s Licence. In response JPG stated that they were an experienced driver who had been driving for twenty year and this incident was their first collision. Since the incident JPG also stated that they had taken greater care while driving and had learnt from the mistakes they had made.

Members also asked if JPG had seen the red traffic light, which the camera footage indicated they should have seen from a distance before the light. JPG responded that the driving through the red traffic light had been the result of a lapse in concentration, however there memory of the incident was unclear so they were unable to state for certain why they had behaved as they had done.

Ms Sharon Davies, Solicitor, drew Members attention to a portion of the camera footage where JPG appeared to have banana skin in their hand following the collision. It was queried if they had been eating while driving immediately before  ...  view the full minutes text for item 3.