Agenda and draft minutes

Licensing Regulatory Panel
Thursday 19th December, 2019 10.00 am

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702502

Items
No. Item

287.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor Alan Smith was elected Chair for the ensuing meeting.

288.

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

289.

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

290.

To consider an application to Hackney Carriage Driver Licence

Additional documents:

Minutes:

The Licensing and Compliance Officer submitted a report for the licensing regulatory panel 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 licence.

 

The applicant was in attendance at the meeting.

 

The Licensing and Compliance Officer delivered the report to the panel. The applicant had nine penalty points on their driving licence.

 

The officer’s recommendation was to refuse the licence on the grounds that the applicant is not a fit and proper person to hold a licence.

 

The applicant and his wife then gave their representations and answered questions from members.

 

The applicant explained that the offence of ‘Fail to give information relating to the identification of the driver/rider of a vehicle when required’ was due to his wife borrowing his car without his knowledge and has since applied to have the case opened and a hearing is pending. The applicant also advised he has received a repayment of the payments he made towards the fine of £800.

 

The applicant’s wife explained that she was driving at the time of the incident and that she was suffering from anxiety and depression.

 

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

 

Members considered the application, the officer’s report, the letter and representations from the applicant. The Panel also considered relevant legislation, and the Council’s policy on Determining Suitability of Applicants and Licensees in the Hackney/Private Hire Trade.

 

Councillor Daniels moved the motion to refuse to grant the hackney carriage driver licence

 

This was seconded by Councillor Munby

 

A vote was taken on the motion, 4 voted in favour, 0 against and 0 abstentions.

 

The motion was carried.

 

The Licensing and Compliance Officer and the applicant returned to the meeting.

 

The applicant was informed of the decision and its reasons.

 

 

Decision/Reasons

 

The Licensing Panel has considered the application, officer’s report, the representation from the applicant and advice from officers. The Panel has also considered all relevant legislation and the Council’s policy on Determining Suitability of Applicants and Licensees in the Hackney/Private Hire Trade.

 

The licensing panel decided to:

 

Refuse to grant the licence on the basis that it was not satisfied that the applicant was a fit and proper person to hold a driver’s licence under section 51(1)(a)(i) of the Local Government (Miscellaneous Provisions) Act 1976 and in accordance with the officer’s recommendation. 

 

The overriding objective is to protect the safety of the public. 

 

This application has come before the panel as per the Council’s policy on Determining Suitability of Applicants and Licensees in the Hackney/Private Hire Trade, given that the applicant has nine current penalty points on their driving licence.  The policy states that an application must be referred to the panel where an applicant has seven or more penalty points.

 

The policy states that where an applicant has 7 or more points on their DVLA licence for minor traffic or similar offences, a licence will  ...  view the full minutes text for item 290.