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 28 March 2023 as a true and correct record.

The Sub-Committee considered the minutes of the last meeting held on 28 March 2023.

Resolved: That the minutes of the meeting held on 28 March 2023 be approved and signed by the Chairman as a correct record.

To consider new and existing applicants who has been convicted of offences or who has otherwise given reasons for concern.

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

R.N.W

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case of RNW to the Sub-Committee. He informed members that RNW had applied for a Private Hire Driver’s Licence, where upon they had disclosed that they had a conviction for a driving while under the influence of drugs in April 2019 and had been disqualified from driving until April 2020. Mr Ratcliffe highlighted that Section 10 of the Hackney Carriage and Private Hire Licensing Policy which outlined that an applicant with such convictions on their record should not be considered a fit and proper person to hold a licence. He further reported that a period of seven years would need to elapse before a licence would normally be granted. He therefore advised that the Licensing Service recommended that Sub-Committee not depart from policy and refuse RNW application.

RNW appeared before the Sub-Committee, accompanied by an existing Private Hire Licence Holder, and stated that the incident had been a mistake for which they were sorry. They further added that being stopped by the police had occurred during a difficult period in their life following the ending of a long-term relationship in 2018, when they began to use marijuana. RNW stressed that being stopped by the police and being convicted for the offence had led to them ceasing to use marijuana and seeking to reform their lifestyle for the better and stated that they had not used any proscribed substances since their conviction. They added that prior to 2019 they had worked as a driving instructor and therefore possessed a high standard of driving ability.

The Sub-Committee queried the circumstances under which RNW had been stopped by the Police. RNW replied that they could not be sure of why they decided to drive on the night of the incident or the exact reason that had led the Police to stop them, but confirmed that they had been stopped within Blackpool. They further repeated that the decision to drive on that occasion had been a mistake and they accepted that they should not have driven.

Members of the Sub-Committee considered the application and were satisfied that the reasons provided for the incident and RNW subsequent apology and acceptance of fault were sufficient for the Sub-Committee to depart from the relevant policy and grant the application for Private Hire Drivers Licence. However they also asked to ensure RNW’s future conduct that the licence be issued with a severe warning letter and that it be subject to a condition that they undergo drug testing for at least the first twelve months of holding a licence.

Resolved: That;

1. The application for the Private Hire Driver’s Licence in relation to RNW be granted subject to a severe warning letter outlining that in the event of future misconduct the licence may  ...  view the full minutes text for item 3.

To note the date and time of the next meeting is subject to confirmation at Annual Council.

The Sub-Committee noted that date and time of the next meeting was subject to confirmation at Annual Council.