Agenda and minutes

Licensing Regulatory Panel
Monday 19th March, 2018 1.30 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Dean Devine  01900 702502

Items
No. Item

395.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor A Kendall was elected Chair for the ensuing meeting.

396.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None declared.

397.

Questions

To answer questions from members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting.

Minutes:

None received.

The Chairman moved:

That under Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they may involve the likely disclosure of exempt information as defined in paragraph 2 of part 1 of Schedule 12 (a) of the Act.

398.

To consider an application for a Hackney Carriage Driver Licence

To consider whether a person who has made an application for a hackney carriage driver’s licence is a fit and proper person to hold such a licence.

Minutes:

The Licensing and Compliance Officer informed the Licensing Panel that there was an error in the report. An application for a renewal of a private hire driver’s licence had been made – not an application for a hackney carriage driver’s licence.

 

The Licensing and Compliance Officer drew the Panel’s attention to the relevant legislation for the grant of private hire vehicle licences – section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Licensing and Compliance Officer sought the Licensing Panel to consider whether the applicant was a fit and proper person to hold a private hire driver’s licence.

 

The applicant and his current employer were invited into the meeting.

 

The Licensing and Compliance Officer provided the Panel with details on the application.

 

The applicant’s DVLA licence was verified as part of the application process. The licence was shown to contain 9 penalty points for speeding offences in 2016 and 2017.

 

The applicant had provided a Disclosure and Barring Service (DBS) Certificate as part of the application. The certificate showed no criminal conviction or caution information.

 

As an existing applicant, the applicant had completed the DSA Driving Assessment in 2015. He had also provided documentation in 2017 to prove his right to work in the UK and satisfied the requirements of the Immigration Act 2016.

 

The applicant had provided a completed medical form that signed him fit to drive a private hire vehicle.

 

The Licensing and Compliance Officer set out the key points for consideration.

 

Paragraph 16 of the Council’s Statement of Policy Concerning the Relevance of Criminal Convictions Relating to the Determination of Application or Renewal for a Hackney Carriage/Private Hire Driver’s Licence stated that if an applicant had any convictions, warnings, cautions or charges awaiting trial, the Council would look into:

 

16.1  how relevant the offence(s) were to the licence being applied for.

16.2  how serious the offence(s) were.

16.3  when the offence(s) were committed.

16.4  the date of conviction.

16.5  circumstances of the individual concerned.

16.6  sentence imposed by the court.

16.7  whether they formed part of a pattern of offending.

16.8  any other character check considered reasonable (e.g. personal references)

16.9  any other factors that might be relevant.

 

Paragraph 36.2 of the Council’s policy on the relevance of criminal convictions stated that if an applicant had 8 or more current penalty points on their DVLA driving licence the application would be considered to determine his/her suitability.

 

The Licensing and Compliance Officer recommended that the Licensing Panel refuse the application on the grounds that the applicant was not a fit and proper person to hold a licence. The information revealed on the applicant’s driving licence showed a pattern of speeding offences.

 

The applicant and his employer gave representation on the application.

 

The applicant, his employer and the Licensing and Compliance Officer left the meeting while the Panel considered the application.

 

The Licensing Panel considered the information provided by the Licensing and Compliance Officer, representations made by the applicant and his employer and advice from officers. The  ...  view the full minutes text for item 398.

399.

To consider an application for a Private Hire Driver Licence

To consider whether a person who has made an application for a private hire driver’s licence is a fit and proper person to hold such a licence.

Minutes:

The Licensing and Compliance Officer submitted a report for the Licensing Panel to consider whether a person who had made an application for a private hire driver’s licence was a fit and proper person to hold such a licence.

 

The applicant was invited into the meeting.

 

The Licensing and Compliance Officer provided the Panel with details on the application.

 

The applicant’s DVLA driving licence was verified as part of the application process. The licence contained no current penalty points.

 

The applicant had provided a Disclosure and Barring Service (DBS) Certificate as part of the application. The certificate contained information which fell within the Council’s policy on the relevance of criminal convictions.

 

The applicant had a current Certificate of Professional Competence which exempted him from having to retake the DVSA taxi assessment or replacement assessment.

 

The applicant had provided a completed medical form that signed him fit to drive a private hire vehicle.

 

The applicant had provided the relevant documents to prove his right to work in the UK.

 

The Licensing and Compliance Officer set out the key points for consideration.

 

The process for an Enhanced Disclosure and Barring Service Certificate also requested checks to be done on the following and no information was recorded against each part:

 

(a)  information from the list held under Section 142 of the Education Act 2002;

(b)  DBS Children’s Barred List information;

(c)  DBS Adults’ Barred List information; and

(d)  Other relevant information disclosed at the Chief Police Officer(s) discretion.

 

Paragraph 16 of the Council’s Statement of Policy Concerning the Relevance of Criminal Convictions Relating to the Determination of Application or Renewal for a Hackney Carriage/Private Hire Driver’s Licence stated that if an applicant had any convictions, warnings, cautions or charges awaiting trial, the Council would look into:

 

16.1  how relevant the offence(s) were to the licence being applied for.

16.2  how serious the offence(s) were.

16.3  when the offence(s) were committed.

16.4  the date of conviction.

16.5  circumstances of the individual concerned.

16.6  sentence imposed by the court.

16.7  whether they formed part of a pattern of offending.

16.8  any other character check considered reasonable (e.g. personal references)

16.9  any other factors that might be relevant.

 

The applicant’s DBS Certificate contained information under the section for Police Records of Convictions, Cautions, Reprimands and Warnings.

 

The applicant’s convictions fell under the category for violence offences. Paragraph 42.1 of the Council’s policy on the relevance of criminal convictions stated that applicants should be free of conviction for at least three years before an application was entertained and even then a strict warning should be administered.

 

Paragraph 33 on the Council’s policy on the relevance of criminal convictions stated that:

 

‘While it is possible that an applicant may have a number of convictions that, individually, meet the […] guidelines, the overall offending history must be considered when period of time is more likely to give cause for concern than an isolated minor conviction. Obviously some discretion can be afforded if an offence disclosed is isolated and there  ...  view the full minutes text for item 399.