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; 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.

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 3 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 agree the minutes of the last meeting held on 29^th September 2015 as a true and correct record.

Resolved: That the minutes of the meeting held on 29^th September 2015 be signed by the Chairman as a correct record.

The Chairman cited 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 3 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

(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)

The Sub-Committee was informed of an application for a Private Hire vehicle driver’s licence and existing Hackney Carriage and Private Hire vehicle drivers that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the application as follows:

i)                    CBB –Private Hire Driver’s Licence Application

Mr Ratcliffe, Licensing Officer was in attendance and presented the case on behalf of the Authority.

CBB was in attendance and provided representations to the Sub-Committee.

The Sub-Committee was informed that the applicant had previous convictions for violent behaviour and drug possession and had failed to declare the latter offence during the application process to be licensed.

CBB advised that in relation to the non-declaration of an offence, he had thought the time that had elapsed since the offence meant he would was not required to declare it. The applicant added that both offences had occurred in his youth and accepted he had been immature at the time and made some bad choices.

The Sub-Committee considered the case and agreed that the guidance on the application form to become a licensed Private Hire driver was clear in relation to the declaration of offences and perhaps the applicant had been dishonest. However, Members reasoned that a significant period of time had elapsed since the offences and the applicant had displayed remorse and a level of maturity.

Resolved:

1.      That the application for a Private Hire vehicle Drivers Licence be granted with the addition of a warning letter in relation to future conduct indicating that in the event of future offences the licence may be suspended or revoked.

2.      Not to prosecute the driver for non-disclosure of the conviction during the application to be licensed.

ii)                  CJB – Existing Hackney Carriage Driver’s Licence

NOTE: Councillor Robertson BEM was not in attendance previously but arrived prior to consideration of the case and was involved in the subsequent discussions.

Mr Ratcliffe, Licensing Officer, presented the case on behalf of the Authority.

CJB was in attendance with the vehicle owner, Francis Garrety and provided representations to the Sub-Committee.

The Chairman agreed that supplementary information provided by the Licensing Enforcement Team would be considered in addition to the information contained within the report. The Sub-Committee was advised of an incident that had led to the arrest of CJB on suspicion of sexual offences. In light of the allegations and in view of the driver previously being brought before the Sub-Committee for a similar offence, the Head of Licensing Service advised that she had chosen to suspend the licence with immediate effect pending the driver’s appearance at the meeting.

CJB described the incident and subsequent arrest and claimed he had been wrongfully accused.  He added that there had been insufficient evidence to pursue a conviction.

The Sub Committee noted the additional information provided by Licensing Enforcement Team, which reported that ultimately the Police case had been closed as there had been insufficient evidence to secure a conviction.  However, Members were unsatisfied with the driver’s explanation  ...  view the full minutes text for item 4.

To note the date of the next meeting as Tuesday 24^th November 2015.

Members noted that the date of the next meeting would be Tuesday 24^th November 2015.