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 declarations of interest on this occasion.

To agree the minutes of the last meeting held on 12 December 2017 as a true and

correct record.

The Sub-Committee considered the minutes of the meeting held on 12 December 2017.

Resolved:

That the minutes of the meeting held on 12 December 2017 be approved and signed by the Chairman as a correct record.

Resolved: 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 decisions referred to at Agenda item 3 and 4 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.

(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 four applicants and two existing drivers who 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)                 D.J.L (New Private Hire applicant)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance and presented the Authority’s case. He reported that the applicant had two prior convictions for offences of a violent nature and had failed to declare one of those offences on his application.

The applicant expressed regret for his actions in relation to the offences and suggested that he had misread the relevant section of the application on the declaration of offences. He added that he had held employment in positions of responsibility and had dealt effectively with members of the public in those roles.

The Sub-Committee reasoned that the applicant had made some poor decisions in relation to the offences he had committed but acknowledged his level of remorse and desire to begin work as a licensed driver.

NOTE: Councillor Hobson requested that his decision to abstain from voting in relation to this particular case be noted.

Resolved:

1.      To not prosecute for non-disclosure of offences on the application to be licensed.

2.      That the application for a Private Hire Driver Licence be granted on the grounds with the addition of a severe warning letter in relation to his future conduct.

(ii)               M.A.C (New Private Hire Vehicle Driver Applicant),

The Sub-Committee was advised that the applicant had indicated to the Licensing Service that he intended to attend the hearing and so agreed to hear the case in the his absence.

Mr Ratcliffe explained that MAC had previously had a submission rejected on the grounds that there had been reasonable suspicion he had cheated on the knowledge test as part of the application to be licensed. In addition, the applicant had failed his most recent attempt to pass the knowledge test.

The Sub-Committee considered the case and ultimately maintained their concern about the dishonest behaviour previously displayed by the applicant which was regarded as unsuitable conduct for a prospective licensed driver.

Resolved: That the application for a Private Hire Driver Licence be refused on the grounds that the applicant was not a fit and proper person to be licensed.

(iii)             M.S.L (New Private Hire Vehicle Driver Applicant),

The Sub-Committee was informed that the applicant had numerous prior convictions for a wide range of offences over a relatively long time period. Some of those offences were of a violent nature whilst others were driving related or had involved dishonesty. In addition, the applicant had failed to declare many of those offences on his application form.

MSL advised the Sub-Committee that in relation to his pattern of offending, he had dealt with some difficult personal circumstances earlier in his life. He added that he was sure he had declared all of his convictions on the application form and expressed regret that some had not been listed in error.

The Sub-Committee  ...  view the full minutes text for item 4.

(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 considered whether three licence holders were fit and proper persons to hold Hackney Carriage Vehicle Licences, in respect of the following cases:

(i)                 F.P.L (Existing Hackney Carriage Vehicle Licence holder)

The daughter of the named licence holder was in attendance and made representations to the Sub-Committee. She suggested that in relation to serious defects found with the vehicle attached to the licence, she claimed that both her and her mother had issues with the driver of the vehicle previously with regards to regular maintenance checks and his responsibilities. FPL’s daughter expressed regret for their part in allowing a vehicle to be presented for inspection in such a poor mechanical state.

Mr Ratcliffe reported that the licence holder had already been before the Sub-Committee on several occasions for operating vehicles which fell short of the expected standards for licensed vehicles. Despite the Sub-Committee agreeing to relax the conditions imposed on some of the vehicle licences held by FPL at its June 2017 meeting, the licence holder had once again presented a vehicle which fell significantly short of expected standards outlined in the Council’s Exceptional Quality Policy.

Members considered the Exceptional Quality Policy which the Authority referred to when presenting its case. The Sub-Committee noted the willingness of the licence holder to work with the Authority and to seek additional help and advice from other experienced licence holders. However, Members reasoned that the licence holder had been given ample opportunity to improve the condition of the vehicles she operated and to ensure regular and comprehensive maintenance was carried out on them.

Resolved: To revoke the vehicle licence on the grounds that the holder was not a fit and proper person to hold such a licence as her conduct had fallen significantly short of expected standards.

(ii)               R.P (Existing Hackney Carriage Vehicle Licence holder),

Mr Taylor explained that the licence holder was the owner of the vehicle operated by the driver VSB discussed at Item 3 of the agenda. The Sub-Committee was reminded of the routine inspection which had uncovered a number of serious defects on the vehicle RP held the licence for.

The licence holder explained that there had in fact been another driver assigned to the vehicle in question during the period that VSB had been on holiday, so the vehicle had been used regularly during this period.

Members were not shown any evidence of a maintenance schedule to alleviate their concerns and the licence holder seemed to lack knowledge of both the status of his vehicle and the working patterns of his drivers. The Sub-Committee were especially concerned at the attitude of the licence holder towards vehicle maintenance and by extension, the safety of passengers.

Resolved: To revoke the vehicle licence on the grounds that the holder was not a fit and proper person to hold such a licence as his conduct had fallen significantly short of expected standards.

(iii)             A.H.B (Existing Hackney Carriage Vehicle Licence holder)

The Sub-Committee was informed of the vehicle operated by the licence  ...  view the full minutes text for item 5.

The Sub-Committee considered the proposed amendments to the Hackney Carriage/Private Hire Criminal Convictions Policy contained within the report.

Mrs Davies reminded Members that the Sub-Committee had previously authorised a period of consultation which ended on 3 January 2018 on the proposed changes and all of the responses received had been supportive of the proposed amendments.         

The rationale for the amendments was a suggestion from officers who noted a number of omissions, anomalies and areas where the existing criminal convictions section of the policy could be strengthened.

The Sub-Committee were minded to accept the changes given the responses received during the consultation period.

Resolved:

To recommend to the Executive that they adopt the proposed amendments to the Hackney Carriage/Private Hire Criminal Convictions Policy.

To note the date of the next meeting as 6 February 2018.

To note the date of the next meeting as 6 February 2018.