Agenda and minutes

Licensing Regulatory Sub-Committee - Tuesday, 10 April 2018 2.30 p.m.

Venue: Georgian Room, Kendal Town Hall. View directions

Contact: Committee Services 

Items
No. Item

LRS/67

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

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

LRS/68

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/69

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/70

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/71

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/72

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/73

Hackney Carriage and Private Hire Driving Licences - Fit and Proper Person Test (DS11 17/18)

To consider whether a licence holder is a fit and proper person to hold both Hackney Carriage and Private Hire Vehicle Driver’s Licences.

Minutes:

The Licensing Officer presented a report asking Members to determine whether the Licence Holder was a fit and proper person to hold a Hackney Carriage and a Private Hire Vehicle Driver’s Licence in light of their recent convictions.

 

The Solicitor drew attention to a typographical error contained within the report.

 

The Licensing Officer answered questions raised by Members and the Licence Holder’s employer.

 

The Licence Holder presented their case.

 

The Licence Holder answered questions raised by Members.

 

The Licence Holder’s employer summed up the Licence Holder’s case.

 

The Solicitor informed the Sub-Committee that the Licence Holder’s employer had submitted a number of references shortly before the meeting.  Her legal advice was that only two of the references were suitable for consideration.  Members were of the opinion that the references had been received too late, however, chose to consider the two references deemed to be appropriate by the Solicitor.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the Licence Holder 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 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 Licence Holder, the Sub-Committee considered the circumstances put forward and

 

RESOLVED –That the Licence Holder’s hackney carriage and private hire driver’s licence be revoked 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 Licence Holder was convicted and sentenced at the Magistrates’ Court in Spring 2018 for an offence of common assault and is also the subject of a restraining order, as detailed within the report.

 

(2)        Also in Winter 2017, the Licence Holder accepted an adult simple caution as outlined in Appendix C to the report.  As a consequence of this and a further issue (also detailed within the report), the Licence Holder received a warning from the Licensing Department with respect to their future conduct and was advised of the standards expected of licensed hackney carriage and private hire drivers operating within the controlled district of South Lakeland.

 

(3)        Appendix H of the Council’s policy and guidance on Taxi and Private Hire licensing, deals with the relevance of cautions and convictions and states:-

 

Formal cautions and endorsable fixed penalties shall be treated as though they were convictions. 

 

Paragraph 5.0 of this section of the policy relates to violence and abusive behaviour.  It states as follows:–

 

5.1       As Hackney Carriage and Private Hire Vehicle drivers maintain close contact with the public, a firm line will be taken with applicants who have convictions for violent or abusive offences.  ...  view the full minutes text for item LRS/73