Agenda and draft minutes

Licensing Regulatory Panel
Thursday 11th July, 2019 2.00 pm

Venue: Council Chamber, Allerdale House. View directions

Contact: Lee Jardine  01900 702502

Items
No. Item

63.

Election of Chair

To elect a Chair for the ensuing meeting.

Minutes:

Councillor Ron Munby was elected Chair for the ensuing meeting.

64.

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

65.

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

66.

To consider an application for a Hackney Carriage Driver Licence

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 29th November 2018) 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 his mitigation for the latest incident on his DBS check, explaining that is was out of character and something he regretted.

 

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 Bainbridge.

 

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 Regulatory Panel has considered the application, the officer’s report, the representations from the applicant and advice from officers.  The Panel has 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 has considered the information you have 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 recent conditional discharge in 2016 and that this was a violence offence.  The Panel felt that whilst the conditional discharge was very recent, the explanation the applicant gave regarding the offence was sufficient to convince them that they were not a risk to public safety.  This was due to the mitigating circumstances that the applicant described and the fact that the court decided upon a conditional discharge.

 

The panel noted that the applicant showed clear remorse for the offence and that whilst their DBS check contained some other convictions, these were around 30 years ago and the most recent incident was an isolated one.

 

In accordance with the Licensing policy, the Licensing Panel issued the applicant with a strict warning about their future conduct  ...  view the full minutes text for item 66.

67.

To consider an application for a Hackney Carriage Driver Licence

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.

 

The applicant had held a hackney carriage driver licence with Allerdale Borough Council since 20 June 2018. During the renewal application process, it was revealed that the applicant had 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 provided his representations and answered questions from the panel. The applicant advised that all the endorsements on his licence were awarded when driving in his personal capacity, not when working as a Hackney Carriage Driver. The applicant also explained that family illness has also been a mitigating factor.

 

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 Grainger moved the motion to refuse the hackney carriage driver licence applications per officer’s recommendations

 

This was seconded by Councillor Bainbridge.

 

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 Regulatory Panel considered the application, officer’s report, representations 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 refused to grant the licence on the basis that it is was not satisfied that the applicant was a fit and proper person to hold a driver’s licence under section 51(1)(a)(i) of the Local Government (Miscellaneous Provisions) Act 1976 and in accordance with the officer’s recommendation. 

 

This application came before the panel as per the Council’s policy on the relevance of criminal convictions, given that the applicant had nine current penalty points.  The policy states that an application must be referred to the panel where an applicant has eight or more penalty points.

 

The overriding objective is to protect the safety of the public.  The panel considered the pattern of speeding offences, and the fact that the applicant had over eight penalty points. The panel also noted that two of the offences were committed during the time that the applicant held a driving licence with the Authority, and that whilst the applicant was obliged to inform the Authority about any changes, they did not.  This was an important consideration in making this decision.

 

In making its decision, the Panel listened to the applicant’s representations and  ...  view the full minutes text for item 67.