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.

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, Private Hire and Hackney Carriage Driver Licences.

To agree the minutes of the last meeting held on 4 October 2022 as a true and correct record.

The Sub-Committee considered the minutes of the last meeting held on 4 October 2022.

Resolved: That the minutes of the meeting held on 4 October 2022 be approved and signed by the Chairman as a correct record.

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

The Sub-Committee considered the cases of licence holders and applicants for Private Hire and Hackney Carriage Driver Licences who had been convicted of offences or who had otherwise given the Licensing Authority cause for concern.

i)                    PBH

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case of PBH who was an existing Hackney Carriage Driver, having been licensed since October 2004. Following a routine check in October 2022 the Licensing Service had received notification that PBH’s DVLA driver status had been changed to high risk following a CU80 conviction for using a mobile phone whilst driving in June 2022 for which they had received 6 penalty points. In addition, PBH had not notified the Licensing Service of that conviction in accordance with Blackpool Council’s Hackney Carriage and Private Hire Convictions Policy.

PBH had previously appeared before the Sub-Committee in March 2009 for use of a mobile telephone whilst driving and again in December 2013 following a conviction for battery when severe warning letters were issued on both occasions. Mr Ratcliffe acknowledged that PBH had had a reasonable record since 2013 however, referring to the Hackney Carriage and Private Hire Convictions Policy which stated that a serious view should be taken of convictions for driving whilst using a mobile phone, he recommended the minimum of a strict warning be issued.

Appearing before the Sub-Committee PBH explained that the offence had occurred whilst they had been driving their private car, not a licensed vehicle, and therefore no passengers were being carried at the time. PBH had been distracted by their mother’s ongoing health concerns, the worry from which had led to them suffering from depression, and they had answered the phone whilst driving as they had been expecting a call from the hospital. PBH admitted that had been a mistake, as had the failure to report the conviction to the Licensing Service, but that they had not been thinking straight due to those worries. Treatment had since been sought from their GP for depression and PBH had been on a course of medication for approximately three months which had helped the symptoms.

The Sub-Committee carefully considered the information provided by both parties. Members noted PBH’s mitigating circumstances but were mindful that it was not their first appearance before the Sub-Committee and that warning letters had been issued on two previous occasions. Concerns were also expressed about PBH’s current fitness to drive and whether they could be similarly distracted in future whilst carrying passengers. It was therefore agreed to issue a severe warning letter and to request that PBH presents a medical certificate proving their fitness to drive to the Licensing Service within 21 days or their licence would be suspended.

Resolved:

1.                  That PBH be issued with a severe warning letter that in the event of any future misconduct their Hackney Carriage Driver Licence may be suspended or revoked.

2.                  That PBH presents a medical certificate to the Licensing Service within 21 days proving their fitness to drive.

3.                  To give delegated  ...  view the full minutes text for item 4.

To note the date of the next meeting as 6 December 2022.

The date of the next meeting was noted as 6 December 2022.