Agenda and minutes

Licensing Regulatory Panel
Tuesday 14th August, 2018 10.00 am

Venue: Council Chamber, Allerdale House. View directions

Contact: Gayle Roach  01900 702502

Items
No. Item

130.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor R Munby was elected Chair for the ensuing meeting.

 

131.

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.

 

132.

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 100A (4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business 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.”

133.

To consider an application for a Hackney Carriage Driver 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 revealed information relevant to the application;

 

·  DVLA driving licence – the licence contained various endorsements;

 

·  A completed doctor’s medical form showing him fit to drive a hackney carriage;

 

·  Relevant documentation to prove his right to work in the UK in line with the Immigration Act 2016.

 

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 under section 59(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976. The information revealed on the applicant’s driving license showed a serious road traffic offence was committed in 2015. The applicant had also committed a minor traffic offence which was still within the 3 year period.

 

The applicant gave representation on his 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. 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  ...  view the full minutes text for item 133.

The Panel agreed:

That agenda item 7 be considered next.

 

134.

To consider an application for a Hackney Carriage Driver 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 revealed information relevant to the application;

 

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

 

·  At the time of the application and the meeting, he had not provided a completed doctor’s medical form showing him fit to drive a hackney carriage or any relevant documentation to prove his right to work in the UK in line with the Immigration Act 2016.

 

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:

 

Paragraph 27 ‘if an applicant has, on more than one occasion, been arrested or charged, but not convicted, for a serious offence which suggests he could be a danger to the public, consideration should be given to refusing the application. Such offences would include violent offences and sex offences’

 

Paragraph 28 states that in assessing the action to take, the safety of the travelling public must be the paramount concern.

 

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 under section 59(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976. The information revealed on the applicant’s DBS Certificate showed that an indecency offence occurred on 25 December 2015. The incident occurred whilst the applicant was acting in the capacity of a hackney carriage driver. Although no further police action was taken due to insufficient evidence, the detail provided to the Council at the time was sufficient to revoke the applicant’s licence at the time.

 

The applicant gave representation on his 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. The Panel also considered character references presented on the day of the meeting.

 

In addition, the Panel had considered all relevant legislation, the Council’s policy on the relevance of criminal convictions and the guidance issued by the Institute of Licensing dated April 2018 on determining the suitability of applicants and licensees in the hackney and private hire trades.

 

Councillor M Wood moved that the application for a hackney carriage driver licence be refused, as per the officer’s recommendation. This was seconded by Councillor S Stoddart.

 

A vote was taken on the motion. The vote in favour of refusing  ...  view the full minutes text for item 134.

135.

To consider an application for a Hackney Carriage Driver 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 accompanying support 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;

 

·  At the time of the meeting the applicant had not provided a completed medical form or any documents to prove his right to work in the UK.

 

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.’

 

Paragraph 41 ‘as Hackney Carriage and Private Hire vehicle drivers often carry unaccompanied passengers including schoolchildren and vulnerable adults, applicants with convictions for indecent exposure, indecent assault, importuning, or any of the more serious sexual offences, should be refused until they can show a substantial period of at least 3 years free of such offences. More than one conviction of this kind should preclude consideration for at least 5 years. In either case if a licence is granted a strict warning as to future conduct should be issued.’

 

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 under section 59(1)(a) of the Local Government (Miscellaneous Provision) Act 1976. The information revealed on the applicant’s DBS Certificate showed disclosure relating to an indecency offence. Although the applicant had been free of conviction for three years, as per section 40 of the Policy, the information revealed on the DBS Certificate showed that the applicant was performing a taxi driver role at the time of the offence which led to his conviction.

 

The applicant gave representation on his application.

 

The applicant, his accompanying support 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 character references presented  ...  view the full minutes text for item 135.