Agenda and minutes

Licensing Regulatory Panel
Wednesday 3rd July, 2019 2.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702502

Items
No. Item

57.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor Adrian Kirkbride was elected chair for the ensuing meeting

58.

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:

7.  To consider an application for a Hackney Carriage Driver Licence.

  Councillor Will Wilkinson; Other Interest; Knows the applicant.

 

7.  To consider an application for a Hackney Carriage Driver Licence.

  Jill Morgan; Other Interest; Knows the applicant.

 

7.  To consider an application for a Hackney Carriage Driver Licence.

  Lee Jardine; Other Interest; Knows the applicant.

 

59.

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

60.

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 was in attendance at the meeting.

 

The Licensing and Compliance Officer delivered the report to the panel. As part of the applicant’s application the Disclosure and Barring Service certificate (dated 24th April 2019) revealed information relevant to the application. The officer also advised that the applicant has no endorsements 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 then gave their representations and answered questions from members. The applicant explained that the latest entry on his DBS certificate was due to an honest mistake on his part. He also explained that he has a job with responsibility for vulnerable children and he is not a risk to the public.

 

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, and representations from the applicant. The Panel also considered relevant legislation, and the Council’s policy on the relevance of criminal convictions.

 

Councillor Smith moved the motion to grant the hackney carriage driver licence for 12 months.

 

This 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.

 

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

 

The applicant was informed of the decision and its reasons.

 

Decisions/Reasons

 

The Licensing Panel had considered the application, the officer’s report, the representations from the applicant and advice from officers.  The Panel had 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 had considered the information provided by the applicant in conjunction with the overriding objective of protecting the safety of the public.

 

In making its decision, the Panel noted that the applicant’s most recent conviction was in 2017 and that this was a dishonesty offence.  The Panel felt that the explanation the applicant gave regarding the offence was sufficient to convince the panel that they were not a risk to the public. 

 

The Panel noted that the applicant had another conviction but that this was ten years ago and that this was an isolated offence.  The Panel also noted that the applicant had other employment working with vulnerable children, and that the applicant’s employer was in the full knowledge of their convictions.  The applicant explained that their employer had carried out a risk assessment and they were confident that the applicant  ...  view the full minutes text for item 60.

61.

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 was in attendance at the meeting.

 

The Licencing and Compliance Officer delivered the report to the panel. As part of the applicant’s application the Disclosure and Barring Service certificate (dated 4th April 2019) revealed information relevant to the application. The officer also advised that the applicant has no endorsements 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 then gave their representations and answered questions from members. The applicant provided their explanation over the entry on the DBS certificate.

 

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

 

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

 

Councillor Wilkinson moved the motion to grant the hackney carriage driver licence for 12 months.

 

This was seconded by Councillor Smith.

 

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

 

The motion was carried.

 

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

 

The applicant was informed of the decision and its reasons.

 

Decisions/Reasons

 

The Licensing Panel had considered the application, the officer’s report, the representations from the applicant, the personal reference and advice from officers.  The Panel had 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.  This is subject to the applicant completing the driving test, knowledge test, providing a medical certificate and providing the proof of right to work in the UK.

 

The panel has considered the information the applicant provided in conjunction with the overriding objective of protecting the safety of the public.

 

In making its decision, the Panel noted that the applicant was given a very recent caution in 2018 and that this was a dishonesty offence.  The Panel felt that whilst the caution was very recent, the explanation the applicant provided was sufficient to convince them that the applicant was not a risk to public safety.

 

The Panel considered the fact that the applicant had no convictions and that this caution was an isolated incident.  The Panel also noted that the applicant had been made an offer of further employment conditional on the approval of this licence application, and that the applicant’s prospective employer is happy to employ them in full knowledge of the caution.

 

In accordance with the Licensing policy,  ...  view the full minutes text for item 61.

Cllr Will Wilkinson, Lee Jardine & Jill Morgan left the meeting

62.

To consider an application for a Hackney Carriage Driver Licence

Additional documents:

Minutes:

The Licensing and Compliance Officer submitted a report for the Panel to consider whether the applicant for a hackney carriage driver’s licence was a fit and proper person to hold such a licence.

 

The Applicant was in attendance at the meeting, along with his prospective employer.

 

The Licencing and Compliance Officer delivered the report to the Panel. As part of the applicant’s application the Disclosure and Barring Service certificate (dated 27th April 2019) revealed various offences and the DVLA licence contained an endorsement. The officer advised that the applicant had passed the DSA Driving Assessment and had provided a medical form to show he was medically fit to be a hackney carriage driver.

 

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 provided his representations.

 

The Licensing and Compliance Officer and the applicant and his prospective employer then left the meeting while the Panel considered the application.

 

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

 

Councillor M Bainbridge moved the motion to refuse the hackney carriage drivers licence. This was seconded by Councillor C Bell.

 

A vote was taken, 2 voted in favour, 2 against and 0 abstentions.

The Chair made his casting vote against the motion.

 

The motion was lost.

 

Councillor A Smith moved the motion to grant the hackney carriage drivers licence. This was seconded by Councillor A Kirkbride.

 

A vote was taken, 2 voted in favour, 2 against and 0 abstentions.

The Chair made his casting vote in favour of the motion.

 

The motion was carried.

 

The Licensing and Compliance Officer and the applicant and his prospective employer returned to the meeting.

 

The applicant was informed of the decision and its reasons.

 

Decisions/Reasons

 

The Licensing Regulatory Panel had considered the application, the officer’s report, and the representations made by the applicant. The Panel had also considered the relevant legislation and the Council’s policy on the relevance of criminal convictions. In its determination of this application the Panel made its decision in conjunction with the Licensing objectives.

 

The Licensing Panel decided to grant the licence on the basis that it was satisfied that the applicant was a fit and proper person to hold a driver’s licence under section 59(1)(a)(i) of the Local Government (Miscellaneous Provisions) Act 1976.

 

In relation to the applicant’s most recent offence, Paragraph 42.1 of the policy on the relevance of criminal convictions stated that a period of 10 years free of convictions of this nature would normally show a significant enough reduction in the risk to the public meaning that the licence could be granted. In accordance with paragraph 33 of the policy, the panel also considered the overall offending history where this was likely to give cause greater concern than an isolated minor conviction. 

 

The Panel heard that the applicant had taken  ...  view the full minutes text for item 62.