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 interests on this occasion.

To agree the minutes of the last meeting held on 25 May 2016 as a true and correct record.

Resolved:

That the minutes of the meeting held on 25 May 2016 be signed by the Chairman as a correct record.

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 5, 6 and 7 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 application to license a modified Horse-Drawn Hackney Carriage.

The Sub-Committee considered an application to license a modified Horse-Drawn Hackney Carriage. During consideration of the application, Members conducted a visual inspection of the Carriage.

The applicant, Mr Simmons was in attendance at the meeting.

Mrs Davies, Head of Licensing Service, informed the Sub-Committee that the carriage on display had been inspected by the Council’s Carriage Inspector and he had confirmed that it had met the required standard.

Resolved:

That the application to license a modified Horse-Drawn Hackney Carriage be

granted in the case of Mr Simmons.

(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 a new Horse-Drawn Hackney Carriage Driver’s Licence applicant that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the application as follows:

TB – New Application, Horse-Drawn Hackney Carriage Driver’s Licence

TB was in attendance with his father and both made representations to the Sub-Committee.

Mark Marshall, Licensing and, Health and Safety Manager, who was in attendance at the meeting, presented the case on behalf of the authority.

The Sub-Committee was advised that the applicant had previously been refused a licence following a conviction for an incident that he had been involved in where he had endangered the public whilst in charge of a horse on a public road.

TB and his father explained that since the incident, the applicant had not been in trouble and had matured somewhat following his last appearance before the Sub-Committee. The applicant added that he simply wanted to get back into working with horses again as soon as possible.

The Sub-Committee considered the applicants clean record since the incident and his desire to return to working with horses. However, Members discussed the recency of the incident and the fact that the applicant did little to convince the Sub-Committee that he had learned from his mistakes, lacking maturity in the responses he provided during questioning. As a result, the Sub-Committee remained unconvinced of a change in the applicant’s attitude and how that would affect his ability to deal with fare paying members of the public.

Resolved:

That the application for a Horse-Drawn Hackney Carriage Driver’s Licence be refused on the grounds that the applicant was not a fit and proper person due to his previous conduct being significantly below the standards expected of a licensed driver and because of the nature and recency of his convictions.

Background papers: exempt

(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 a number of existing Hackney Carriage and Private Hire Vehicle drivers and new Private Hire and Hackney Carriage Driver licence applicants that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the applications and referrals as follows:

(i)                 DRH – New Private Hire Applicant

DRH was in attendance and made representations to the Sub-Committee

Mr Marshall presented the authorities case.

Members were informed that the applicant had previously been a licensed Private Hire vehicle driver and following an incident that had involved dangerous driving his licence was subsequently suspended and soon after, the driver voluntarily surrendered the licence.

DRH described the period of his life around the time of the incident and admitted to then having issues with drinking. He added that he had sought help in relation to his drinking and had recently received an offer of work should his application be successful.

The Sub-Committee considered that there was little evidence in relation to the incident of reckless driving and reasoned that his demeanour was positive and he had made improvements to his lifestyle.

Resolved:

That the licence be granted.

(ii)               CM – New Private Hire Applicant

CM was in attendance and made representations to the Sub-Committee.

Mr Marshall presented the authorities case.

The Sub-Committee was advised of a catalogue of convictions and offences associated with the driver, many of which were especially relevant when considering whether to grant a licence.

CM explained that he regretted the offences and they had been committed during a difficult period in his life. He informed Members that if his application to be licensed was successful he intended to display maturity, a positive attitude and further develop his people skills. Members were shown a number of positive character references from former employers and friends.

The Sub-Committee acknowledged that the applicant had demonstrated a changed attitude and level of maturity. However, members were unconvinced that CM no longer represented a danger to the public given the number, range, nature and recency of his convictions some of which demonstrated a propensity for violence and drink driving.

Resolved:

That the application to be licensed be refused on the grounds that the applicant was not a fit and proper person due to the applicant’s previous conduct being significantly below the standards expected of a licensed driver and because of the nature and recency of his convictions.

(iii)             JLH – New Private Hire Applicant

NOTE: Councillor L Taylor joined the meeting at this point.

JLH was in attendance, accompanied by his father and both made representations to the Sub-Committee.

Mr Marshall presented the authorities case.

The Sub-Committee was advised of a number of offences for violent or disorderly conduct that the applicant had been involved in. The large number of criminal convictions had also occurred in a relatively short space of time.

The Sub-Committee considered the representations made by the applicant regarding the circumstances surrounding the incidents and the change in his personal circumstances.  ...  view the full minutes text for item 6.

(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 existing Hackney Carriage vehicle licence holder that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the referral as follows:

FPL –Existing Hackney Carriage Vehicle Licence holder

Mrs Davies advised the Sub-Committee that the licence holder’s case was linked with that of the existing Hackney Carriage driver PTB.  She reminded Members that PTB had been unable to attend the meeting and would also be unable to attend the August 2016 meeting due to prior engagements.

After careful consideration, the Sub-Committee agreed that on balance it would be better to hear the driver and the licence holder’s cases together.

Resolved:

To defer consideration of the case to the September 2016 meeting to allow the licence holder a further opportunity to attend.

Background papers: exempt

To note the date of the next meeting as 9 August 2016.

Members noted that the date of the next meeting was scheduled for Tuesday 9 August 2016.