Agenda and minutes

Licensing Regulatory Panel
Monday 16th July, 2018 2.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Dean Devine  01900 702502

Items
No. Item

99.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor P Kendall was elected Chair for the ensuing meeting.

100.

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.

101.

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.

102.

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 and his 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 revealed information relevant to the application.

 

·  DVLA driving licence – the licence did not contain any endorsements.

 

The applicant had yet to provide a completed doctor’s medical form showing him as fit to drive a hackney carriage.

 

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.’

 

  ’40.  Drugs

 

40.1  A serious view shall be taken of convictions of this nature. An isolated incident should not necessarily debar an applicant but strict warnings should be given as to future behaviour. More than one conviction for these offences should raise grave doubts as to the applicant’s fitness to hold a licence. An application with a conviction for a drug related offence should be required to show a period of at least 3 years free of convictions before an application is entertained.’

 

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 DBS Certificate showed two offences relating to possession of controlled drugs. Although the applicant had been free of conviction for three years, as per section 40 of the Council’s Policy, there was still a potential risk implied by the offences.

 

The applicant and his prospective employer gave representation on the application.

 

The applicant, his prospective employer 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 his prospective employer and advice from officers. The Panel also considered all relevant legislation and the Council’s Statement of Policy Concerning the Relevance of Criminal Convictions Relating to the Determination of Application or Renewal for a Hackney  ...  view the full minutes text for item 102.

103.

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:

Item deferred.