Agenda and minutes

Licensing Regulatory Panel - Friday 26th June, 2020 2.00 pm

Venue: Zoom Virtual Meeting

Contact: Lee Jardine  01900 702502

Items
No. Item

27.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor Wilkinson was as Chair for the ensuing meeting.

28.

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

29.

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.

30.

To consider an application for a 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 attended the virtual meeting via phone.

 

The Licensing and Compliance Officer delivered the report to the panel. The applicant has been a licensed driver with Allerdale Borough Council since 20 February 2017. Information revealed on the applicants Disclosure and Barring Certificate dated 24 April 2019 means that the application had to be considered by the Licensing Panel. The applicant does not have any driving penalty points. The applicant provided written representations which were part of the officer’s report.

 

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 then provided their representations, explaining the background and mitigation in relation to his conviction, dated February 2019.

 

Members then asked questions of the applicant in relation to his latest conviction.

 

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

 

Members considered the application, the applicant representations and the officer’s report. The Panel also considered the relevant legislation and the Council’s policies on hackney carriage licence applications.

 

Councillor Bainbridge moved the motion to grant the Hackney Carriage driver licence

 

This was seconded by Councillor Lynch

 

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

 

The motion was carried.

 

Decision/Reasons

 

The Licensing Panel considered the application, the officer’s report, the representations from the applicant and advice from officers.  The Panel also considered the relevant legislation and the Council’s policy on the relevance of criminal convictions.

 

The licensing panel decided to:

 

Agree to grant the licence for a period of 12 months, after which the decision to continue to do so will be delegated to the Licensing Officer should there be no further issues. 

 

The panel considered the information the applicant provided in conjunction with the prevention of crime and disorder objective and the overriding objective of protecting the safety of the public.

 

In making its decision, the Panel noted that the applicant has a dishonesty conviction dated 28 February 2019 and that the officer recommendation was to refuse to grant the licence in line with the Authority’s convictions policy.  However, having heard the information provided, the Panel was satisfied that the applicant had showed remorse for this incident. The Panel was satisfied with the explanation that the applicant had been unaware that they had been trading in breach of the relevant legislation and that they have since ceased trading in this regard as to avoid the risk of making a further mistake.

 

The Panel also considered the fact that the applicant has been a licensed driver for the Authority since 20 February 2017 and that there had been no further issues reported.  In addition, the applicant does not have any penalty  ...  view the full minutes text for item 30.