Agenda and draft minutes

Licensing Regulatory Sub-Committee
Monday, 28 October 2019 10.00 a.m.

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

Contact: Committee Services 

Items
No. Item

LRS/20

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Helen Ladhams be elected Chairman for the meeting.

LRS/21

Apologies and Reconstitution of Membership

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

Minutes:

There were no apologies and there had been no change in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.

LRS/22

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/23

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, 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/24

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/25

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 involve 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/26

Application for the grant of a Hackney Carriage driver's licence

To consider an application for a Hackney Carriage Driver’s Licence.

Minutes:

The Licensing Officer presented a report asking Members to determine whether the applicant was a fit and proper person to hold a Hackney Carriage Driver’s Licence. He drew Members’ attention to the Late Representations which had been circulated prior to the meeting.

 

On the request of a Sub-Committee Member, the Licensing Officer read out Section 6 of the Council’s Policy on Convictions and Cautions.

 

The Applicant presented their case.

 

The Applicant answered questions raised by Sub-Committee Members.

 

The Applicant summed up their case and provided a number of references for circulation to the Sub-Committee.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public 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 Legal, Governance and Democracy Specialist then withdrew to consider the application.

 

The meeting was reconvened at 11.02 a.m.

 

The Applicant and the Applicant’s supporter responded to further questions raised by the Sub-Committee Members.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public 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 Legal, Governance and Democracy Specialist then withdrew to further consider the application.

 

The meeting was reconvened at 11.25 a.m. and the Legal, Governance and Democracy Specialist communicated the Sub-Committee’s decision.

 

The Sub Committee having heard the facts of the case, having reviewed the personal references and heard the representations made by the applicant, having carefully considered the circumstances of the application and the SLDC Hackney Carriage and Private Hire Licensing Policy.

 

RESOLVED – That the application for 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 in October 2017 for the offence of theft by employee as detailed within the report. The Applicant received a twelve month prison sentence suspended for two years plus 300 hours of community service.

 

Appendix H of the Council’s policy and guidance on Taxi and Private Hire licensing states:

 

All convictions shall be considered on merit, having regard to paragraph 4.11 of Section 4 and will be weighed against the need to protect the public.

 

Dishonesty

 

Paragraph 6 of Appendix H of the Council’s policy states:

 

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  ...  view the full minutes text for item LRS/26