Agenda and minutes

General Licensing Sub-Committee - Wednesday, 13th February 2019 1.00 pm

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Venue: Committee Room 1, Town Hall, Chorley

Contact: Philippa Braithwaite  Email: philippa.braithwaite@chorley.gov.uk

Items
No. Item

19.9

Declarations of Any Interests

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.

Minutes:

There were no declarations of interests received.

19.10

Procedure pdf icon PDF 68 KB

Minutes:

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

19.11

Exclusion of the Public and Press

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).

Minutes:

RESOLVED – That the press and public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.

19.12

Determination of an Application for a Hackney Carriage and Private Hire Driver's Licence

Report of the Director of Customer and Digital.

Additional documents:

Minutes:

The Director of Customer and Digital submitted a report for the General Licensing Sub-Committee to determine whether the applicant was a fit and proper person to hold a Hackney Carriage and Private Hire Driver’s licences.

 

The applicant was present at the Sub-Committee meeting.

 

The applicant had applied for a Hackney Carriage Driver’s Licence and a Private Hire Driver’s Licence. His application revealed a number of convictions, one of which fell within the Council’s policy, namely supplying controlled Class A drug (Heroin) in December 2005. The applicant was convicted in August 2009 and released from prison in January 2010 (having already served five months on remand from July to December 2008 and released on bail for nine months from December 2008 to August 2009).

 

The applicant confirmed that this offence had occurred a long time ago and that he had matured into a more responsible, family orientated person. The applicant explained the circumstances of his two other convictions, possession of controlled Class B controlled drug (Cannabis/Cannabis Resin) and possession of a knife blade/sharp pointed article in a public place, both of which occurred in 2011. The applicant explained the knife blade/sharp pointed article was a Stanley knife with the blade locked out which had been found in a car he had been driving. This car belonged to his uncle who he worked for and the applicant confirmed it routinely had tools and other miscellaneous workshop items inside. The applicant stated he was not aware of the knife’s presence before being stopped by the police, though acknowledged he still bore responsibility by driving the car.

 

The applicant was also charged with an offence of assault occasioning actual bodily harm in 2009 in relation to an assault on another person connected with other supply of drugs offences, as well as an offence for the supply of a controlled drug (other). The offences are recorded as “lie on file”, which means the charges were not dealt with by the Court and as such the applicant was not convicted for the offences. The applicant stated he did not remember the details of these charges.

 

In response to Member’s questions, the applicant confirmed he had been out of prison for nine years and had learnt from his mistakes. He was now married with young children and considered himself a family man. He had worked for his family’s business for 15+ years before moving to Chorley in December 2017. The applicant confirmed he was currently in part-time employment and that he had not yet approached a taxi firm to work for, should his applications be granted.

 

The applicant submitted two character references and at the subsequent request of Members confirmed the timeline of the conviction from August 2009 and the sentence served.

 

After careful consideration of the report and representations from the Council's Licensing Enforcement Team Leader and from the applicant, and having regard to the Council's Safeguarding, Suitability and Convictions policy, the Sub-Committee RESOLVED that the applicant is not fit and proper to hold a Private  ...  view the full minutes text for item 19.12

19.13

Review of a Hackney Carriage Driver's Licence

Report of the Director of Customer and Digital.

Additional documents:

Minutes:

This item was deferred.

19.14

Review of a Hackney Carriage Vehicle Licence

Report of the Director of Customer and Digital.

Additional documents:

Minutes:

This item was deferred.

19.15

Review of a Hackney Carriage Driver's Licence

Report of the Director of Customer and Digital.

Additional documents:

Minutes:

This item was withdrawn from the agenda.