Agenda and minutes

Licensing Regulatory Panel
Monday 18th June, 2018 2.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Dean Devine  01900 702502

Items
No. Item

57.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor A Kendall was elected Chair for the ensuing meeting.

58.

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.

59.

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 Chair moved:

That under Section 100A (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 1 of part 1 of Schedule 12A of the Act.

The Panel agreed:

That the following item be considered at the end of the agenda, as the applicant had not yet arrived for the meeting.

60.

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:

As the applicant was not present at the meeting, the Panel agreed that the application be deferred to a future meeting.

61.

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 submitted a report for the Licensing Regulatory Panel to consider whether a person who had made an application for the grant of a Hackney Carriage Driver 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 had provided the following as part of the application:

 

·  Disclosure and Barring Service (DBS) Certificate – the certificate had no content which fell within the Council’s policy for convictions.

 

·  DVLA driving licence – at the time of the application the licence contained 9 penalty points. At the time of the meeting, the licence contained 6 penalty points.

 

·  Medical form – at the time of the application, the applicant had not provided a completed medical form. At the time of the meeting, the applicant had provided a medical form. However, the form was incomplete.

 

The Licensing and Compliance Officer set out the key points for consideration as follows:

 

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 set out:

 

  ‘Consideration of Disclosed Criminal History

 

16.  . . . if an applicant has any convictions, warnings, cautions or charges awaiting trial, the Council will look into:

 

16.1   how relevant the offence(s) are 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 form 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.’

 

’36.  Minor Traffic Offences

 

  . . .

 

36.2  If an applicant has 8 or more current penalty points on their DVLA driving licence the application will be considered by the Licensing Panel to determine his/her suitability’

 

’37.  Serious Road Traffic Offences

 

37.1  A serious view will be taken of serious road traffic offences. An isolated incident in the past will not necessarily stop a Private Hire or Hackney Carriage driver licence being granted provided he/she has been free of conviction for 3 years, however strict warning should be given as to future behaviour.’

 

The Licensing and Compliance Officer recommended that the licence be refused 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 9 penalty points at the time of the application. At the time of the meeting, the driving licence contained 6 penalty points. The applicant was not able to demonstrate 3 years free of conviction.

 

The applicant gave representation on the application.

 

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

 

The Licensing Panel considered the application, officer’s report, representations made by the applicant and advice from officers.  ...  view the full minutes text for item 61.

62.

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 Regulatory Panel to consider whether a person who had made an application for the grant of a Private Hire Driver Licence was a fit and proper person to hold such a licence.

 

The applicant and her prospective employer were invited into the meeting.

 

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

 

The applicant had provided the following as part of the application:

 

·  Disclosure and Barring Service (DBS) certificate – the certificate contained information which fell within the Council’s policy for convictions.

 

·  DVLA driving licence – the licence contained no current penalty points but showed a disqualification mentioned in the DBS certificate.

 

·  Medical form – the applicant had provided a completed medical form which signed her as fit to drive a private hire vehicle.

 

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.

 

The Licensing and Compliance Officer set out the key points for consideration as follows:

 

The DBS certificate contained information under the section for Police Records of Convictions, Cautions, Reprimands and Warnings. Under the Rehabilitation of Offenders Act 1974 convictions became spent after a period of time specified in the chart attached as an appendix. However, the Rehabilitation of Offenders Act 1974 was exempt for licensing hackney carriage or private hire vehicle drivers and Members were entitled to take into consideration spent convictions when deciding whether the applicant was a fit and proper person to hold a driver’s licence.

 

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 set out:

 

  ‘Consideration of Disclosed Criminal History

 

16.  . . . if an applicant has any convictions, warnings, cautions or charges awaiting trial, the Council will look into:

 

16.1   how relevant the offence(s) are 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 form 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.’

 

’36.  Minor Traffic Offences

 

36.1  Convictions for minor traffic offences should not prevent a person from proceeding with an application for a Private Hire or Hackney Carriage driver licence; however, an application containing multiple offences of this nature . . . will be considered in a more serious light.’

 

’38.  Drink driving/driving under the influence of drugs

 

38.1  As licensees are professional vocational drivers, a serious view is taken of convictions for driving, or being  ...  view the full minutes text for item 62.