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Agenda and draft minutes

Venue: Committee Room A, Town Hall

Contact: Sarah Chadwick  Democratic Governance Senior Adviser

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 declarations of interest on this occasion.

2.

EXCLUSION OF THE PUBLIC

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 items  ***   and  ***  on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph  ***  and  ***  of Part 1 of Schedule 12A of the Act.

 

 

Minutes:

The Public Protection Sub-Committee considered excluding the public and press from agenda item four 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 considered in open session due to the sensitive information about individuals outlined.

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.

 

3.

MINUTES OF THE LAST MEETING HELD ON 26 MARCH 2024 pdf icon PDF 455 KB

To agree the minutes of the last meeting held on 26 March 2024 as a true and correct record.

Minutes:

The Sub-Committee considered the minutes of the last meeting held on 26 March 2024.

 

Resolved:

 

That the minutes of the last meeting held on 26 March 2024 be approved and signed by the Chairman as a correct record.

4.

DELEGATION UNDER SECTION 61 OF THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 pdf icon PDF 471 KB

To consider delegating powers to the Trading Standards and Licensing Manager under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 (the Act). This Section relates to the powers to suspend and revoke a driver’s licence.

Minutes:

The Sub-Committee considered a report on a proposal to delegate powers to the Trading Standards and Licensing Manager under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 (the Act). Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the report to the Public Protection Sub-Committee. Mr Ratcliffe reminded members that for a number of years the Trading Standards and Licensing Manager had the power to revoke or suspend a licence where urgent decision was required to ensure public safety and this function had worked well for many years. Mr Ratcliffe explained that a continuing problem was with a number of administrative issues where the licence holder had been deficit in submitting documentary proof- examples included where medical certificates and Disclosure and Barring Service checks had expired. Mr Ratcliffe explained that this had resulted in the Licensing Service now spending a large amount of time chasing a very small number of licence holders who did not keep such information up to date. The proposal was therefore that following warning, the licence holder would be suspended until such information had been received. Mr Ratcliffe explained that if the information continued to remain outstanding then a report would be submitted to the Sub-Committee with a recommendation to revoke the licence. Mr Ratcliffe emphasised his view that the use of the power would be limited and would have the effect of improving compliance.

 

The Sub-Committee considered that the proposal would improve compliance. It noted that the use of the power would be reported to the Sub-Committee so that it could review the use as it was implemented.

 

Resolved:

 

That the Trading Standards and Licensing Manager be authorised to suspend Hackney Carriage or Private Hire driver licences where they are not satisfied that the licence holder has proved that they are a fit and proper person because administrative requirements have not been met as outlined in paragraphs 6.5-6.7 of the report to the Sub-Committee.

 

*

5.

HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCE pdf icon PDF 454 KB

To consider an applicant who has been convicted of offences or who has otherwise given reasons for concern.

 

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972).

Minutes:

The Sub-Committee considered an applicant who had been convicted of offences or who had otherwise given reasons for concern.

 

i)                 J.P.G.

 

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the application to the Sub-Committee. Mr Ratcliffe reported that J.P.G had previously held a licence between April 2016 and October 2020, when he appeared before the Sub-Committee in relation to a road traffic collision that he had caused by going through a traffic signal on red at a junction. The Sub-Committee decided to revoke his licence with immediate effect at its meeting on 20 October 2020. Mr Ratcliffe outlined that there had been significant concerns regarding J.P.G’s conduct when he had previously been licensed with them also appearing before the Sub-Committee on the 30 June 2020 where J.P.G. had been issued with a warning letter.

Mr Ratcliffe while acknowledging J.P.G’s lack of issues since their licence had been revoked, urged members to carefully consider if J.P.G was a fit and proper person to hold such a licence.

 

J.P.G was in attendance and made representations to the Sub-Committee. J.P.G expressed regret for his previous conduct when licensed and explained that this behaviour did not represent their current situation. J.P.G asked the Sub-Committee to grant licence and explained that they felt that they were now a fit and proper person.

 

The Sub-Committee considered carefully the evidence and the Hackney Carriage and Private Hire Licensing Policy. The Sub-Committee expressed concern as to J.P.G.’s conduct when previously licensed. It balanced these concerns with the time expired since those incidents and its wish for J.P.G to have an opportunity to prove their suitability. It therefore concluded that J.P.G should be granted a Hackney Carriage and Private Hire Driver’s licence subject to a warning as to future conduct.

 

Resolved:

 

That J.P.G.’s new Hackney Carriage Driver and Private Hire Driver’s licence be granted with a severe warning letter that in the event of any future incident the licence may be suspended or revoked.

6.

DATE OF NEXT MEETING

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