Agenda and minutes

To elect a Chair for the ensuing meeting.

Councillor Grainger was elected Chair for the ensuing meeting

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.

5.  To consider an application to grant a Hackney Carriage Drivers Licence.

  Jill Morgan; Other Interest; professional involvement in the case..

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.

None received

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 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.

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 Licensing and Compliance Officer delivered the report to the panel.

The applicants DBS check showed a violence offence in the last 10 years and a Police Caution in connection with Child Exploitation, as such officers cannot grant the Hackney Carriage Licence and as such the application must be considered by the Licensing Panel.

The applicant was been a licensed driver with Allerdale Borough Council until his licence was immediately revoked on 22 November 2019, following information received from the disclosure unit of Cumbria Constabulary. The report advised that the applicant had been subject to a Child Abduction Warning Notice (CAWN). The applicant was arrested for breaching the CAWN and for assaulting an emergency worker.

There was a subsequent prosecution on 22 February 2020, the applicant was found guilty of ‘assault by battery of an emergency worker x2’ and was sentenced to suspended imprisonment for 4 months, wholly suspended for 12 months.

For the offence of ‘Taking a child without lawful authority so as to keep him/her from lawful control’, the applicant was found not guilty.

Cumbria Constabulary made a further disclosure on 15 May 2020. The applicant was arrested on 14 May 2020 and had received a Police Caution for ‘Taking a child from a responsible person’. The female child was aged 16 years.

The applicants application for hackney carriage driver licence had been on hold until the result of each incident was known.

The applicant continued to communicate with Officers since his revocation in December 2019. They also provided some additional documentation which they hope will provide background to the CAWN and the arrests which have resulted from that notice. The documents include email correspondence with Cumbria Constabulary

The applicant provided two character references which were read out to the panel.

The applicant then provided their verbal representations, the applicant explained the background into the relationship with the female child and her mother. The CAWN that was issued prohibited the applicant from making any contact with the child.

On 29 September 2019, the child had run away and went to the home of the applicant, as the child was reported missing. Police arrived and following confrontation the applicant stated that he pushed one constable and held the others hand. The applicant was arrested for assault by battery of emergency worker and for breaching his CAWN. Due to the arrest he had his licence revoked by Allerdale Borough Council.

The applicant was found guilty in February 2020 of assault by battery of 2 emergency workers, the applicant unaware that his actions warranted this charge and conviction.

The applicant instructed  ...  view the full minutes text for item 181.