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 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.

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 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 agree the minutes of the last meeting held on 21 June 2022 as a true and correct record.

The Sub-Committee considered the minutes of the meeting held on 21 June 2022.

Resolved:

That the minutes of the meeting held on 21 June 2022 be approved and signed by the Chairman as a correct record.

To consider applicants who have been convicted of offences or who have otherwise given reasons for concern.

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

 (The Public and Press were excluded during the consideration of this item.)

The Sub-Committee considered two applications for Private Hire Driver’s Licences and one for a joint Hackney Carriage and Private Hire Driver’s Licence. In all three cases concerns had been raised by the Licensing Service as to the suitability of the applicants in view of their previous convictions or concerns raised by the responsible authorities.

i)  EST

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case of EST who had applied for a Private Hire Driver’s Licence in March 2022. As part of the application process a DVLA check had been undertaken which revealed EST had been banned from driving under the “totting up” process for receiving 12 points on his driving licence with that disqualification ending in May 2020. The Licensing Service had in May 2022 submitted an application for an enhanced DBS on behalf of EST with EST being required to return the certificate. EST had whether deliberately or accidentally returned not the enhanced but the basic DBS check which had delayed the Licensing Service receiving full information on EST’s convictions. Eventually the enhanced certificate had been submitted to the Licensing Service which confirmed that EST had been convicted of a violent offence in 2017. Mr Ratcliffe expressed significant concerns that neither of these convictions had been included on EST’s application form and that the submission of a basic DBS check could be perceived as an attempt to hide such convictions.

EST was in attendance and made representations to the Sub-Committee. EST explained that he had been confused by the application process but emphasised that he had not sought to mislead the Licensing Service. EST explained that the driving incident related to confusion about his insurance status and the offence of violence related to an incident with his former partner. In both cases EST emphasised that the offences were not reflective of his character.

The Sub-Committee considered carefully the evidence submitted by all parties and the Council’s Hackney Carriage and Private Hire Licensing Policy. It concluded that based on the three issues identified- poor driving record with the driver’s licence only having been reinstated just over 2 years ago, an offence of violence within the last 5 years and a failure to complete the application process in as complete and as honest a manner as possible that EST would not be a fit and proper person to hold a Private Hire Driver’s Licence.

Resolved:

That the application for a Private Hire Driver’s Licence in respect of EST be refused.

ii)AP

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case of AP who had applied for a Private Hire Driver’s Licence in May 2022. Mr Ratcliffe outlined that during the application process AP disclosed that he had had been convicted three times for both shoplifting and attempted shoplifting in 2017. AP had also disclosed that in the same period he had also received a ban from driving. Mr Ratcliffe highlighted the Council’s Hackney Carriage and Private Hire  ...  view the full minutes text for item 4.

To note the date of the next meeting as 7 September 2022.

The Sub-Committee noted the date of the next ordinary meeting of the Sub-Committee as 7 September 2022.

The Sub-Committee noted that the due to the deferral of consideration of applications for Sexual Entertainment Venue Licences that a special meeting would be held on the 2 August 2022.