Agenda and draft minutes

Licensing Regulatory Panel - Friday 14th January, 2022 2.00 pm

Venue: Council Chamber, Allerdale House

Contact: Gayle Roach  01900 702502

Items
No. Item

324.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor A Smith was elected Chair for the meeting.

 

325.

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.

326.

Questions

To answer questions from members of the public – submitted in writing or by electronic mail no later than 5.00pm on a working day, allowing two clear working days before the day of the meeting.

 

Minutes:

None received.

Exclusion of Press and Public

RESOLVED:

That under Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it may involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of part 1 of Schedule 12 (a) of the Act.

327.

To consider an application to grant a hackney carriage driver licence

Minutes:

The Panel considered and application for a hackney carriage drivers’ licence for the duration of three years. The applicant had provided information with their application that showed a criminal conviction for a violence offence in 2012. Officers did not have delegated powers to grant a hackney carriage and private hire drivers’ licence that falls outside of the Council’s Policy for Relevance of Convictions.

Section 59 Local Government (Miscellaneous Provisions) Act 1976 stated that a district council shall not grant a licence to drive a hackney carriage unless they are satisfied that the driver is a ‘fit and proper person to hold a driver’s licence’. The DBS Certificate contained information under the section for Police Records of Convictions, Cautions, Reprimands and Warnings. Under the Rehabilitation of Offenders Act 1974 convictions became spent after a period of time. However, the Rehabilitation of Offenders Act 1974 was exempt for licensing hackney carriage or private hire vehicle drivers and Members were entitled to take into consideration spent convictions when deciding whether the applicant was a fit and proper person to hold a driver’s licence. All the convictions being considered in respect of this application were considered spent.

 

The applicant addressed the Panel and asked that extenuating circumstances be taken into account and the licence be granted. The incidents that lead to the convictions had been when the applicant was much younger and they had matured and tried to rebuild their life since, the licence would be used to work to support the applicant’s two children and there was an offer of employment subject to being granted the licence.

The Licensing and Compliance Specialist and the applicants then left the meeting while the panel considered the application.

 

Members considered the application, the officer’s report, the representations made and advice from officers. The Panel also considered relevant legislation and the purposes of the licencing objectives.

 

Councillor A Kirkbride moved the motion to grant the hackney vehicle licence.

 

This was seconded by Councillor A Daniels.

 

A vote was taken, the motion was unanimously agreed.

The motion was carried.

 

The Licensing and Compliance Specialist and the applicant’s representative returned to the meeting.

 

The applicant representative was informed of the Panel’s decision and its reasons.

 

Decision/Reasons

 

The Licensing Regulatory Panel considered the application, the officer’s report, and the representations made. The Panel also considered the relevant legislation and the Council’s policy on Criminal Convictions.

 

The Panel was satisfied that the applicant was a fit and proper person in accordance with Section 59 Local Government (Miscellaneous Provisions) Act 1976 and agreed to delegate to the Licensing and Compliance Officer the power to grant the hackney carriage vehicle licence for a period of three years.

 

The applicant would be required to undertake the knowledge test once the testing was resumed.

 

Whilst contrary to policy, based on the applicant’s presentations, the Panel accepted that the convictions were a result of a level of immaturity and offending during a short period of the applicant’s life. The applicant had acknowledged the mistakes made and  ...  view the full minutes text for item 327.