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Agenda and draft minutes

Venue: Via Zoom Meeeting

Contact: Chris Williams  Democratic Governance Adviser

Link: Here Is The Video

Items
Note No. Item

1.

DECLARATIONS OF INTEREST

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.

Minutes:

There were no declaration of interest made on this occasion.

2.

EXCLUSION OF THE PUBLIC AND PRESS

Minutes:

The Public Protection Sub-Committee considered excluding the public and press from the agenda item three and four as those items contained information which was exempt frompublication 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 three and four.

3.

MINUTES OF THE LAST MEETING HELD ON 28 JULY 2020 pdf icon PDF 215 KB

To agree the minutes of the last meeting held on 28 July 2020 as a true and correct record.

Minutes:

The Sub-Committee considered the minutes of the meeting held on 28 July 2020.

 

Resolved: That the minutes of the meeting held on 28 July 2020 be approved and signed by the Chairman as a correct record.

*

4.

HACKNEY CARRIAGE DRIVER'S LICENCE

To consider a licence holder who has been convicted of offences or who has 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)

 

Minutes:

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

 

(i)                  MN

 

Mr Ryan Ratcliffe presented the case to the Sub-Committee. He informed Members that MN was an existing Hackney Carriage Driver’s Licence holder, who had held their licence since 1996. MN had appeared before the Sub-Committee on four separate occasion between 1999 and 2013 and had received four warning letters, three of which had been severe. In July 2020 MN had contacted the Licensing Service to inform them that they had been convicted of a Racially Aggravated Public Order Section 5 Crime and Disorder Offence, following at incident at Blackpool Football Club. Mr Ratcliffe informed the Sub-Committee that the offence had been the result of an altercation with stewards at the football stadium during which MN had racially abused one of the stewards. As a result of this the Licensing Service recommended that, as a minimum, MN’s Licence be suspended.

 

MN then outlined to the Sub-Committee the circumstance of their conviction. They explained that they had been stopped and grabbed by stewards while attempting to cross a barrier to see a relative, who was in a different part of the stadium. They further explained that they had drunk too much alcohol prior to the incident resulting in them acting out of character, noting that they had never before been convicted of a racially aggravated offence. MN also highlighted that he had pleaded guilty at the first available opportunity and expressed their apologies for the incident. They also stated that they needed their Hackney Carriage Driver’s Licence in order to support their family.

 

Mr Ratcliffe asked MN how they could guarantee that similar incidents would not happen again in the future considering they had received four previous warning for convictions they had received. MN responded that no violence had occurred during the incident and they promised they would not repeat the behaviour. Mr Ratcliffe further asked if MN considered themselves to have an alcohol problem due their previous offences also being alcohol related. In response MN stated that they had previously had problems with alcohol prior to the other offences but had addressed them.

 

The Sub-Committee asked MN if they considered they had anger management issues and if so had they sought any help. MN replied that they did not consider themselves to have any anger management issues.

 

The Sub-Committee considered the information submitted by all parties and resolved that in light of MN’s previous warning and the serious racial nature of the offence committed that their licence should be revoked with immediate effect.

 

Resolved: That MN’s Hackney Carriage Driver’s Licence be revoked with immediate effect.

5.

USE OF DELEGATED POWERS SINCE THE LAST MEETING pdf icon PDF 215 KB

To receive a verbal update on the use of Delegated Powers by the Trading Standards and Licensing Manager since the last meeting of the Sub-Committee.

Minutes:

Mr Ryan Ratcliffe, Licensing Officer, informed Members of use of delegated powers to revoke Hackney Carriage and Private Hire Driver’s Licences since the last meeting.

 

(i)                  DW

 

On 4 August 2020 DW had taken cash from an elderly passenger while dropping her off at her home. A neighbours CCTV had captured the incident on film and following a request to attend the Council’s offices to provide an explanation for the incident DW had refused. Following consultation with the Chairman, Licensing Services had revoked DW’s Licence and informed the Police of the incident.

 

(ii)                CO

 

The Licensing Service had been made aware that on 16 August 2020 CO had been arrested following an accusation of voyeurism. They were subsequently invited to attend an interview with Licensing Services to discuss the incident, at which they were uncooperative and did not provide any further information regarding the offence. As a result of this it had been decided to revoke CO’s Hackney Carriage Driver’s Licence.

6.

DATE OF NEXT MEETING

To note the date of next meeting as 6 October 2020.

Minutes:

That the date of the next meeting be confirmed as 6 October 2020.