Agenda and draft 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.

Councillor Wilshaw declared a prejudicial interest in Agenda Item 4, Hackney Carriage and Private Hire Driver Licences. The nature of the interest being that he went to school with one of the applicants (SFR), Councillor Wilshaw knew SFR and had knowledge of the incident at the time.

To agree the minutes of the last meeting held on 17 January 2023 as a true and correct record.

The Sub-Committee considered the minutes of the last meeting held on 17 January

2023.

Resolved: That the minutes of the meeting held on 17 January

2023 be approved and signed by the Chairman as a correct 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 new applicants and existing licence holders who have been convicted of offences or who have otherwise given reasons for concern.

The Sub-Committee considered applicants and licence holders who had been convicted of offences or who had otherwise given the Licensing Authority cause for concern.

Councillor Paul Wilshaw having declared a prejudicial interest left the meeting at this point.

i)                    SFR

Mr Ryan Ratcliffe Trading Standards and Licensing Enforcement Officer, presented the case for the Licensing Authority in relation to of SFR, who had applied for a new Private Hire and Hackney Carriage Licence. Mr Ratcliffe, informed the Committee that On 10September 2022 an application had been received from SFR, and as part of the application process a DBS check had been completed, on the 2 February 2023 the check had revealed a prior conviction of a sexual nature. Mr Ratcliffe advised that the conviction had been disclosed on SFR’s application form, however Mr Ratcliffe continued to add the nature of historic conviction would be in contravention to section 5.1 of the Council’s Hackney Carriage and Private Hire Licencing Conviction’s policy, Mr Ratcliffe urged the Sub-Committee to give careful consideration to any mitigating circumstances surrounding the offence and clean conviction record since the time of the incident.

SFR had attended and appeared before the Sub-Committee. SFR requested the Sub-Committee grant the application for a new Private Hire and Hackney Carriage Licence. SFR informed the Sub-Committee that the incident which had led to the conviction happened when they were 16 and was outlying on an otherwise clean record. SFR had since held other licences and positions of responsibility without incident.

The Sub-Committee agreed that exceptional circumstances applied and therefore would be reasonable to depart from the Council’s policy The Sub-Committee considered the circumstances around the conviction and the considerable time that had elapsed since, including the decades of clean record.

Resolved:

That the application for a Hackney Carriage and Private Hire Driver’s Licence in respect of SFR be granted.

Councillor Wilshaw returned to the meeting at this point.

ii)                  MCM

Mr Ryan Ratcliffe presented the case for the Licensing Authority, an existing Licence Holder had given cause for concern. In February 2023, MCM notified the Licensing Service that they had been given an official Police caution by Lancashire Constabulary for the Possession of a controlled Class B drug. The Sub-Committee was asked to decide whether MCM remained a fit and proper person to be licensed.

MCM had appeared before the Sub-Committee and spoke about the circumstances which had led to the police caution and requested the Sub-Committee allow them to keep their licence.

The Sub-Committee weighed the conditions under which MCM had accepted a police caution and had decided on reflection of the events presented before them there were no exceptional circumstances to convince the Sub-Committee to depart from the Hackney Carriage and Private Hire Licence Policy. The Sub-Committee therefore decided to revoke the Hackney Carriage Licence from MCM.

Resolved:
To revoke the Hackney Carriage Driver’s Licence in respect of MCM.

Councillor D Scott entered at this point of the meeting.

iii)                APM

Lee Petrak, Trading Standards and Licensing Manager  ...  view the full minutes text for item 4.

To note the date of the next meeting as 28 March 2023.

The date of the next meeting was noted as 28 March 2023.