minutes - Huntingdonshire District Council
Transcription
minutes - Huntingdonshire District Council
LICENSING AND PROTECTION APPLICATIONS SUB-GROUP FRIDAY, 1 MAY 2015 LATE AGENDA ITEM(S) 2. MINUTES (Pages 1 - 6) To approve as a correct record, the Minutes of the meeting held on 22nd April 2015. This page is intentionally left blank Agenda Item 2 HUNTINGDONSHIRE DISTRICT COUNCIL MINUTES of the meeting of the LICENSING AND PROTECTION APPLICATIONS SUB-GROUP held in Civic Suite 0.1A, Pathfinder House, St Mary's Street, Huntingdon, PE29 3TN on Wednesday, 22 April 2015. PRESENT: Councillor J W Davies Chairman (except Minute No 70). Councillors K M Baker, I J Curtis, J W Davies and R J West. Councillor M C Oliver (Minute No.70 only). 64. MINUTES The Minutes of the meeting of the Sub-Group held on 10th March 2015 were approved as a correct record and signed by the Chairman. 65. MEMBERS' INTERESTS Councillor J W Davies declared a non-pecuniary interest in Minute No. 70 by virtue of his close acquaintance with the Licence Holder and did not take part in the discussion on this item. Councillors K M Baker, I C Curtis and R J West declared a nonpecuniary interest in Minute No. 70 by virtue of their acquaintance with the Licence holder. 66. LICENSING SUB-GROUP PROCEDURE The procedure for the meeting was explained by the Chairman. 67. CONVICTIONS POLICY The guidance for dealing with relevant convictions was explained by the Chairman. 68. EXCLUSION OF PRESS AND PUBLIC RESOLVED that the public be excluded from the meeting because the business to be transacted contains exempt information relating to individuals and is subject to an obligation of confidentiality. 69. HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING - REVIEW OF AN EXISTING JOINT HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS LICENCE 1 Arising from a report by the Head of Community (a copy of which is appended in the Annex to the Minute Book) the Sub Group was requested to consider the case of Mr AA, an existing licensed Hackney Carriage and Private Hire Driver. The Council had recently received two complaints about the conduct of Mr AA within a short space of time. The driver was then given the opportunity to explain the circumstances surrounding these complaints and to present his case for continuing to hold a licence. During the course of which, a number of additional issues were brought to the Sub-Group’s attention concerning the use of the licensed vehicle. Following questions raised by the Sub-Group, the driver then left the meeting. Having noted that the Police were satisfied that the Licensing Authority should deal with the matter, the Sub-Group then gave further consideration to representations and explanations provided by the driver, together with his acknowledgement that his behaviour was inappropriate and his assurance that there would be no further repetition. Having expressed satisfaction that AA had taken steps to ensure that there would be no repetition of this behaviour and that he now fully understood the requirements for the use of licensed vehicles, it was RESOLVED that Mr AA should be issued with a formal written warning regarding his responsibilities as a licensed driver and his understanding of Huntingdonshire District Council’s schedule of conditions. 70. HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING - REVIEW OF AN EXISTING JOINT HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS LICENCE (Councillor J W Davies did not partake in the discussion on this item and was replaced by Councillor M C Oliver). The Sub Group considered a report by the Head of Community (a copy of which is appended in the Minute Book) outlining the case of Mr SA an existing licensed Hackney Carriage and Private Hire Driver who had recently been convicted for the offence of perverting the course of justice. As the driver was not in attendance, it was RESOLVED (a) that consideration of this review of an existing Joint Hackney Carriage and Private Hire Drivers licence be deferred to permit a further opportunity for the licence holder to attend; and (b) that the licence holder be advised that in the event of their non-attendance for the second time, the Sub Group may determine the application in their absence. 2 71. HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING - REVIEW OF AN EXISTING JOINT HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS LICENCE (The Licence Holder was accompanied by his Solicitor). With the aid of a report by the Head of Community (a copy of which is appended in the Annex to the Minute Book) the Sub Group was requested to consider the case of Mr RM, an existing licensed Hackney Carriage and Private Hire driver who had recently been arrested for an alleged offence of neglect of children. A copy of the letter from Cambridgeshire Constabulary relating to the alleged offence was provided to Members at the hearing. The Licence Holder’s Solicitor was then given the opportunity to explain the circumstances surrounding the arrest and to present his case for continuing to hold a licence. Members were provided with three character references in support of these representations and took the opportunity to ask questions to Mr RM and his solicitor. Having noted that Cambridgeshire Constabulary had yet to conclude their enquiries, there then followed a brief adjournment to enable the Sub-Group to take legal advice. Whereupon and having been satisfied that Mr RM’s bail conditions afforded protection to the public, it was RESOLVED that a decision on this matter should be deferred until shortly after 22nd May 2015 when Mr RM’s police bail will have finished. 72. HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING - NEW APPLICATION (The applicant was accompanied by a fellow driver Mr SA, who also assisted with interpretation when required). With the aid of a report by the Head of Community (a copy of which is appended in the Annex to the Minute Book) the Sub Group received details of an application for a hackney carriage and private hire driver’s licence from Mr GN who did not meet the Council’s published criteria to hold such a licence owing to his failure to declare previous convictions on his application for the DBS check and the first licence application. A previous licence held by Mr GN had been revoked by Peterborough City Council. The applicant and his spokesman appeared before the Sub-Group and were invited to explain the circumstances surrounding his previous convictions and why he felt he should be granted a licence. In support of his application, Members of the Sub Group were provided with three character references and copies of prosecution paperwork relating to a conviction for criminal damage. Following a number of questions from Sub-Group Members, Mr GN left the meeting. 3 Having considered the issues involved including the number and nature of the convictions evidenced by both the applicant’s DBS report and driving licence, the potential for aggressive behaviour evidenced by the 2014 conviction, the representations and submissions made by / on behalf of the applicant, the responses to Members questions and Mr GN’s failure to declare any convictions on his DBS application, the Sub Group also took into account Huntingdonshire District Council’s schedule of conditions of licence, the contents of the committee report and the legislative provisions under Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976. Whereupon it was RESOLVED that the application for a hackney carriage and private hire driver’s licence be refused on the grounds that the applicant has behaved in a manner inappropriate for a fit and proper person. The applicant was advised of his right of appeal to the Magistrates’ Court. 73. HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING - NEW APPLICATION With the assistance of a report by the Head of Community (a copy of which is appended in the Annex to the Minute Book) the Sub Group received details of a new application for a hackney carriage and private hire driver’s licence from Mr MA who did not meet the Council’s published criteria to hold such a licence. Mr MA had previously held a hackney carriage / private hire drivers licence with Peterborough City Council in 1998 but had returned it one year later. The applicant appeared before the Sub-Group and was invited to explain the circumstances surrounding his previous convictions and cautions, together with the reasons as to why he felt he should be granted a licence. Following a number of questions from Sub-Group Members, Mr MA then left the meeting. Following careful consideration of the application, the information within the committee report and the DBS certificate, together with the explanations and representations made by the applicant and the references provided on his behalf, the Sub-Group RESOLVED that the application for a hackney carriage and private hire driver’s licence be allowed to proceed. Chairman 4 5 This page is intentionally left blank 6