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.

The Public Protection Sub-Committee considered excluding the public and press from agenda item three as that item contained information which was exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A 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 Part 1 of Schedule 12A of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of agenda item three, Hackney Carriage and Private Hire Driver Licences.

To agree the minutes of the last meeting held on 5 October 2021 as a true and correct record.

Resolved: That the minutes of the meeting held on 5 October 2021 be approved and signed by the Chair as a correct record.

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

(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 considered applicants who had been convicted of offences or who had otherwise given reasons for concern.

i.                    M.A.K.

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case to the Sub Committee and explained that M.A.K had applied for a new Private Hire driver licence, having previously been licensed from September 2012 until February 2016 when the Sub-Committee had revoked their licence following a conviction for drink driving. Members were advised that M.A.K. had not received any further convictions or driving offences since 2016 and Mr Ratcliffe therefore recommended that the licence should be granted with a strict warning as to future conduct.

Appearing before the Sub-Committee M.A.K. apologised for the incident and advised Members that they had recently been employed in the social care sector where duties included transporting vulnerable adults, during which time they had maintained a clean driving record. They explained that they wanted to return to the taxi trade due to the flexibility in working hours that it would provide and expressed their regret for the conviction.

The Sub-Committee considered the information provided and noted the applicant’s remorse and the time that had elapsed since the incident. It concluded that M.A.K. was a fit and proper person to be licensed and therefore agreed to grant the application with a strict warning letter that in the event of future issues the licence may be suspended or revoked.

Resolved: To grant a new Private Hire driver licence to M.A.K. with a strict warning letter that in the event of any future misconduct the licence may be suspended or revoked.

ii.                   T.P.S.

Mr Ryan Ratcliffe, Licensing Enforcement Officer, reported that T.P.S. had applied for a new Hackney Carriage driver licence having previously been licensed from September 1996 until May 2017 when their licence was suspended under delegated powers by the Licensing Manager following information received from Lancashire Constabulary that they had crashed into a parked vehicle. T.P.S. subsequently did not renew their Hackney Carriage driver licence and was disqualified from driving until June 2018 and convicted of driving without due care and attention and failing to provide a specimen for analysis. Mr Ratcliffe referred to the Hackney Carriage and Private Hire Convictions Policy which stated that at least five years should have elapsed after the restoration of a driving licence before an application should be granted and therefore recommended that the licence application should be refused.

Appearing before the Sub-Committee T.P.S. expressed their remorse and admitted they had consumed alcohol during the hours prior to the incident and accepted that their attitude and behaviour was unacceptable in refusing to offer a sample when requested by the Police. They explained that their actions had resulted in embarrassment and financial hardship and asked Members to consider that it was an isolated incident which had not occurred whilst driving a licensed vehicle and pointed to their otherwise good driving record.

The Sub-Committee carefully considered the information provided and noted the applicant’s regret and previous good driving record but expressed concern  ...  view the full minutes text for item 4.

During deliberation of the preceding Item, Hackney Carriage and Private Hire Driver Licences, the following motion was proposed, seconded, voted upon and lost:

“That the application for a new Hackney Carriage Driver Licence for T.P.S. be granted with a severe warning letter that in the event of any future incidents the licence may be suspended or revoked. “

To note the date of the next meeting as 7 December 2021.

The date of the next meeting was confirmed as 7 December 2021.