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

(2) the nature of the interest concerned; and

(3) whether they have or have not sat on a Planning Committee which has previously considered a planning application in respect of a licensed premises which is also subject to consideration for a premises licence as part of the agenda for this meeting.

If any Member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

(Members are asked to also pay particular attention to the guidance sheet on interests supplied with the agenda).

There were no declarations of interest on this occasion.

To agree the minutes of the last meeting held on 03 October 2023 as a true and correct record.

The minutes of the last meeting held on 3 October 2023 were agreed as a true and accurate 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 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.

To consider an existing Horse Drawn Hackney Carriage Driver, an existing Private Hire Licence Driver and a new applicant for a Private Hire Drivers Licence, who have been convicted of offences or who have otherwise given reasons for concern.

The Sub-Committee considered cases for a new applicant for a Private Hire Drivers Licence, an existing Private Hire Driver Licence holder and an existing Horse Drawn Hackney Carriage Licence holder.

D.L
Mr Ryan Ratcliffe, Licensing Enforcement Officer presented the case on behalf of the local authority, on the 13 July 2023 The Licensing Authority received an application from D.L who had made an application to become a licensed Private Hire Driver. As part of the application process applicants are required to produce an Enhanced Disclosure and Barring Service (DBS) check which had revealed a Police Caution for a Section 4A, Public Order offence on the 25 June 2023. D.L had failed to disclose any offences when completing their application form. 

Mr Ratcliffe drew the Sub-Committee’s attention to the relevant Hackney Carriage and Private Hire Licensing policy regarding offences, including a caution that were violent in nature which stated “a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed.”

D.L was present before the Sub-Committee and advised that they were a landlord and had attempted to carry out work to their property which had been tenanted at the time of the assault. D.L informed the Sub-Committee that they attempted to gain entry to the property but was refused entry by the tenants partner, D.L claimed that as they left they were assaulted but had no memory of the event. D.L had brought a solicitor’s letter for the Sub-Committee, the letter outlined that the Solicitor had applied for an out of court disposal. As well as a solicitor’s letter D.L had brought some photos showing damage to their face as a result of the assault.

The Sub-Committee questioned how D.L had received a Police Caution if they were assaulted, D.L explained that the tenant called the police about the altercation but D.L had feared reprisal if they did not accept the caution.

The Sub-Committee had no further questions and considered the letter, pictures and the explanation offered by D.L and accepted the explanation given with the evidence brought before them, and decided that D.L presented themselves well and demonstrated themselves to be a fit and proper person, the Sub-Committee chose to depart from its policy and grant the Licence.

Resolved:
That the application for a Private Hire Driver’s Licence in relation to D.L be granted

C.P.J.S
Mr Ryan Ratcliffe, Licensing Enforcement Officer presented the case on behalf of the local authority, C.P.J.S, an existing Private Hire Licence holder notified the Licensing Service that on the 12 September 2023, that they had received 6 penalty points and a fine on 2 September 2023 for use of a handheld mobile phone/device while driving a motor vehicle on a road. The Licensing Service conducted a DVLA check on the 16 October 2023, which had confirmed that C.P.J.S had been convicted for a breach of requirements as to control of the vehicle whilst using a mobile phone and received 6 penalty points.

Mr Ratcliffe drew the  ...  view the full minutes text for item 4.

To note the date of next meeting as Tuesday 5 December 2023

To note the date of the next meeting as 5 December 2023