Agenda and minutes

To elect a Chair for the ensuing meeting.

Councillor Malcolm 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 with the prosecution involving the applicant.

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 applicant was a licensed driver with Allerdale Borough Council from September 2004 until his licence expired on 20 September 2019. The applicant attempted to renew the licence on 18 September 2019, however the previous DBS check had expired. The applicant was advised they had 28 days to submit the new DBS certificate. The certificate was presented in February 2021, as this was outside the 28 days timescales, a new application had to be made.

The applicant was convicted of 6 counts of driving, standing or plying for hire contrary to s.45 Town Police Clauses Act 1847 on 13 October 2020. The applicant was fined £80.00, £35.00 surcharge, and £85.00 prosecution costs.

The Relevance of Criminal Convictions Relating to the Determination of the Application to Grant or Renew a Hackney Carriage or Private Hire Driver’s Licence does not permit a licence to be granted in circumstances where an applicant has a conviction for hackney carriage offences in the 7 years prior.

The applicant then provided their verbal representations, the applicant explained that they were convicted of 4 counts of driving, standing or plying for hire, and explained Covid-19 has had an impact on his application.

Members then asked questions of the applicant in relation to the offences shown on the DBS certificate, the delay in making his application.

In response to questions relating to the applicants driving history, the applicant advised the panel they have 9 current penalty points on their driving licence. Due to this, and if members resolve to proceed with the application the applicant will need to attend a further panel meeting before any licence can be granted.

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

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

Councillor Daniels moved the motion to refuse to grant the Hackney Carriage driver licence

The motion was seconded by Councillor Wilkinson

A vote was taken on the motion 5 voted in favour, 0 against and 0 abstentions.

The motion was carried.

Decision/Reasons

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

The licensing panel decided to:

Refuse to grant the licence on the basis that it is  ...  view the full minutes text for item 250.