Agenda and draft minutes

Licensing Regulatory Sub-Committee
Monday, 19 February 2018 11.30 a.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

Note: This meeting will now commence at 11.30 a.m. and not at 10.00 a.m. as shown on the printed Agenda. 

Items
No. Item

LRS/47

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Andrew Jarvis be elected Chairman for the meeting.

LRS/48

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

Councillor Mel Mackie having tendered an apology for absence, Councillor Clare Feeney-Johnson, as substitute Member, took his place on the Sub-Committee.

LRS/49

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

LRS/50

Local Government Act 1972 - Excluded Items

To consider whether the item in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That the item in Part II of the Agenda be dealt with following the exclusion of the press and public.

LRS/51

Introductions

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chairman made introductions and read out the procedure for the meeting.

LRS/52

Press and Public

Minutes:

RESOLVED – That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the Paragraph indicated.

LRS/53

Application for the Renewal of Hackney Carriage Driver's Licence DS08 2017/18

To consider an application for the renewal of a hackney carriage licence.

Minutes:

The Licensing Officer presented a report asking Members to consider whether to grant an application for the renewal of a Hackney Carriage Driver’s Licence.

 

The applicant presented their case, provided additional documents in support of their application and answered a question raised by a Member.  The applicant’s employer spoke in support.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the applicant and their employer, in making its decision, pursuant to Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraph indicated:-

 

Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

The Sub-Committee, supported by the Senior Solicitor, then withdrew to consider the circumstances put forward and subsequently reconvened to deliver the decision.

 

Having heard the facts of the case, and having heard the representations made by the applicant, the Sub-Committee considered the circumstances put forward and

 

RESOLVED – That the application for renewal of a hackney carriage driver’s licence be refused on the grounds that:-

 

(1)          The Council has a duty to protect the public, and to be satisfied that drivers are fit and proper persons.

 

The applicant was convicted and sentenced at Crown Court in Autumn 2017 for an offence of theft whilst in a position of trust, as detailed within the report.  The applicant was sentenced to a 12 month prison sentence suspended for two years.

 

Appendix H of the Council’s Policy states:

              

All convictions shall be considered on merit, having regard to paragraph 4.12 of Section 4 and will be weighed against the need to protect the public.

 

Dishonesty

 

Hackney carriage and private hire vehicle drivers are expected to be persons of trust. The widespread practice of delivering unaccompanied property is indicative of the trust that business people place in drivers. Moreover, it is comparatively easy for a dishonest driver to defraud the public by demanding more than the legal fare, etc. Foreign visitors can be confused by the change in currency and become “fair game” for an unscrupulous driver.

 

For these reasons a serious view will be taken of any conviction involving dishonesty. Normally, a period of three to five years free of conviction will be required before entertaining an application.

 

(2)          Having taken into account all the information currently available to it, including the supporting information provided by the applicant at the meeting, the Licensing Regulatory Sub-Committee decided that the application for renewal of a hackney carriage driver’s licence shall be refused having regard to the Council’s Policy referred to above and taking into account the individual circumstances of this case.

 

(3)          The Sub-Committee considered that, given that the applicant was sentenced very recently and that they have not yet completed their rehabilitative steps, they are not at this present moment in time a fit and proper person to hold a hackney carriage driver’s licence.

 

Note - The applicant was informed of their right  ...  view the full minutes text for item LRS/53