Agenda and minutes

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of any interests.

The Chair outlined the hearing procedure that would be used to conduct the meeting.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 1: Information relating to any individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

RESOLVED - That the press and public be excluded from the meeting for the following items of business on the ground that they involve the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of schedule 12A of the Local Government Act 1972.

Report of the Director of Public Protection, Streetscene and Community.

The Sub Committee considered a report of the Director of Public Protection, Streetscene and Community to determine whether the applicant was a fit and proper person to hold a Private Hire and Hackney Carriage Drivers Licence. 

The applicant did not attend the meeting. 

The applicant made an application for a Private Hire and Hackney Carriage Drivers Licence on 16 January 2016.  The applicant had passed the Council’s Knowledge Test and DSA Private Hire Driver Test Assessment.  There were no convictions recorded against the Disclosure and Barring Certificate, the Councils Group II Medical had been returned with no issues and the applicant held a full DVLA Driver Licence.

The application process had identified that the applicant had a limited ‘Leave to Remain-Residence Permit’, where he was limited to remain in the UK until 9 April 2018.  Officers believed it would be inappropriate to use delegated authority to issue a Private Hire and Hackney Carriage Driver Licence for three years to the applicant in light of the limited time he had to remain in the Country.

After careful consideration and taking into account all the relevant factors in considering whether the applicant was a fit and proper person to hold a Private Hire Driver’s Licence and a Hackney Carriage Licence the Sub Committee RESOLVED that the applicant was a fit and proper person to hold a Private Hire Driver Licence and Hackney Carriage Driver’s Licence under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 and that his application should be approved subject to the requirements of the standard conditions for the following reasons:

1.      Members considered that the applicant had passed the Council’s knowledge test and DSA Private Hire Driver Test Assessment and that there were no convictions recorded against the Disclosure and Barring Certificate.  The applicant’s Group II medical had been returned with no issues and that the applicant held a full DVLA Driver Licence.

2.      Member’s considered the Council’s Policy of issuing 3 year Private Hire and Hackney Carriage Driver Licence and felt that in this instance it was appropriate to depart from the Council’s Policy.  In light of this Members resolved to grant this licence with the following conditions:

a)      To grant the application to a period not extending the applicant’s leave to remain in the UK which currently expires on 9 April 2018.

b)      To delegate to Licensing Officers upon receiving any evidence of any extension of that period to then extend the Private Hire and Hackney Carriage Driver Licences issued to:

-    A period not exceeding 3 years from the date of grant of those licences and

-    To not exceed any period of leave to remain as given on his residence permit

c)      In the event that the applicant does obtain an extension to remain in the UK, the applicant will not be required to pay a fee for the extension of the Licence and that no extra fees are to be paid so as not to put him at a disadvantage to other  ...  view the full minutes text for item 16.LSC.72

Report of the Director of Public Protection, Streetscene and Community.

Councillor Matthew Lynch declared a personal interest and left the meeting for the duration of this item.

The Sub Committee considered a report of the Director of Public Protection, Streetscene and Community to determine whether the applicant was a fit and proper person to hold a Private Hire and Hackney Carriage Drivers Licence.

The applicant made an application for a Private Hire and Hackney Carriage Drivers Licence on 4 February 2016.  The applicant had previously passed the Council’s Knowledge Test and DSA Private Hire Driver Test Assessment.  There were no convictions recorded against the Disclosure and Barring Certificate, the Council’s Group II Medical had been returned with no issues and the applicant held a full DVLA Driver Licence.

The applicant attended the meeting to make representations to the Sub Committee, with his representative, Mr Charles Oakes. 

The application identified a conviction for having no insurance where the applicant received six penalty points and a fine of £200. The application did not identify all the motoring offences the applicant had committed and offences which were held on Council records were set out within the report, including speeding endorsements.

The applicant had appeared before the Licensing Sub-Committee on 1 April 2009 to have an application determined.  Members granted the applicant a Private Hire Drivers Licence with a warning that should he receive further speeding endorsements then he would be required to appear before the committee.

The Private Hire Drivers Licence was revoked on 14 August 2013 as the applicant had been found by the Police to be acting as Private Hire Vehicle without motor vehicle insurance, as required under Section 50 (4) of the local Government (Miscellaneous Provisions) Act 1976, and his vehicle was issued a PG9 statement for an illegal rear tyre. 

The applicant advised that at the time his insurance was renewed on a weekly or monthly basis, rather than a contract.  He had not realised that his insurance had lapsed.  The speeding convictions had occurred when he was working as a delivery driver.  He had decided that being a delivery driver wasn’t for him as he felt he was always rushing, and that he would be better suited to being a taxi driver.  He had not had any speeding convictions since 2012.    

The applicant advised he was now 34 years old and a family man, whereas previously he was single with no responsibilities.  He was planning to take out an insurance contract with monthly payments to ensure that his cover did not lapse.  The applicant gave Members assurances that he would not act in a manner that would require him to be brought before them again. 

After careful consideration and taking into account all the relevant factors in considering whether the applicant was a fit and proper person to hold a Private Hire Driver’s Licence and a Hackney Carriage Licence the Sub Committee RESOLVED that the applicant was a fit and proper person to hold a Private Hire and Hackney Carriage Drivers Licence under Section 51 of the Local  ...  view the full minutes text for item 16.LSC.73

Report of the Director of Public Protection, Streetscene and Community.

The Sub Committee considered a report of the Director of Public Protection, Streetscene and Community to determine whether the applicant was a fit and proper person to hold a Private Hire and Hackney Carriage Drivers Licence.

The applicant attended the meeting to make representations to the Sub Committee, with Mr Anthony Price of Yellow Cabs (his prospective employer).

The applicant made an application for a Private Hire and Hackney Carriage Drivers Licence on 1 March 2016 and successfully passed the Council’s Knowledge Test, the Council’s Group II Medical requirements and the DSA Private Hire Driver Test Assessment. 

There was one driving conviction recorded against the applicant’s DVLA Driver Licence in October 2014: a SP50 resulting in 3 penalty points and a £35 fine.  The applicant’s Disclosure and Barring Certificate identified a number of offences which were set out in the report. 

The applicant advised that the Conditional Caution in May 2007 was received for possessing controlled drug-Class A for personal use. 

In April 2011 the applicant was convicted of Conspire / Being Concerned in Fraudulent Activity Undertaken with View to Obtain Payment of Tax Credit.  The applicant explained that the offence had been committed when he was in his mid-twenties and that it had taken seven years for the matter to be dealt with through the courts.  He had found the experience to be scary and advised that he would not do anything to put himself in that position again.  All of the convictions on the Disclosure and Barring Certificate were now spent. 

The applicant had been employed by a Parish Council as their lengthsman for two years and had worked installing gutters and fascia boards, but was currently unemployed. 

The applicant was now 38 years old and settled with a wife and family.  The applicant had been managing a local football team for several years and had responsibilities as the treasurer.  This was a voluntary position. 

Mr Price explained that the applicant had grown into a responsible family man and deserved the chance to prove himself as a taxi driver. 

After careful consideration and taking into account all the relevant factors in considering whether the applicant was a fit and proper person to hold a Private Hire Driver’s Licence and a Hackney Carriage Licence the Sub Committee RESOLVED that the applicant was a fit and proper person to hold a Private Hire Driver Licence and Hackney Carriage Drivers Licence under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 and that his application should be approved subject to the requirements of the standard conditions for the following reasons:

1.      Members considered that the Council's medical consultant was satisfied that the applicant met Group II standards and that he successfully passed his DSA test and Knowledge Test. 

2.      Members considered the Council's Safeguarding, Suitability and Convictions Statement of Policy for Taxi Licensing which envisages rehabilitation periods of 3 - 5 years.  In light of this Members noted that:

a.         It was just over 5 years since the applicant's convictions  ...  view the full minutes text for item 16.LSC.74