Agenda and minutes

Licensing Sub-Committee
Friday 30th September, 2016 2.00 pm

Venue: Council Chamber, Wallfields, Hertford. View directions

Contact: Peter Mannings  Tel: (01279) 502174 Email:  peter.mannings@eastherts.gov.uk

Items
No. Item

13.

Appointment of Chairman

Minutes:

It was proposed by Councillor P Ballam and seconded by Councillor R Brunton that Councillor G Cutting by appointed Chairman of the Licensing Sub-Committee for the meeting.

 

RESOLVED – that Councillor G Cutting be appointed Chairman of the Licensing Sub-Committee for the meeting.

 

14.

Minutes – 16 August 2016 pdf icon PDF 98 KB

To approve the Minutes of Previous Sub-Committee meetings:

 

16 August 2016.

Minutes:

RESOLVED – that the Minutes of the meeting held on16 August 2016 be confirmed as a correct record and signed by the Chairman.

 

15.

Chairman's Announcements

Minutes:

The Chairman explained that agenda item 7 (Taxi Drivers’ Licence DD127 – Dual Driver with 12 Licensing record Points) had been withdrawn from the agenda.

 

16.

Exclusion of press and public

To move that under Section 100(A)(4) of the Local Government Act 1972 the press and public be excluded from the meeting during discussion of item 9 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the said Act of the following description:

 

1.  “Information relating to an individual”.

Minutes:

The SubCommittee passed a resolution pursuant to Section 100 (A) (4) of the Local Government Act 1972 as amended, to exclude the press and public during consideration of the business referred to in Minute 17 on the grounds that it involved the like disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the said Act.

 

17.

Application for a Private Hire Drivers Licence – Applicant with a Caution and Other Relevant Non-Conviction Information

Minutes:

The Chairman outlined the procedure to be followed.  All those present were introduced.  The applicant agreed that Councillors Mrs R Cheswright, G McAndrew, P Ruffles and R Standley   could remain in the room as observers.

 

The Senior Specialist Licensing Officer summarised the report and explained why it had been brought to Members.  He stated that it was for the Sub–Committee to decide whether the applicant was a “fit and proper” person to hold a taxi driver’s licence.

 

The applicant explained why he needed the licence and the background to the caution he had accepted in 2014.  The Council’s Legal Adviser stated that the applicant’s account of what had happened and the subsequent caution was inconsistent with the account he had given to a Licensing Sub–Committee at Welwyn and Hatfield Borough Council a year ago. 

 

The applicant explained that the account he had given to that Council was because he had felt that they would believe the Police rather than his account of what had happened.  The Legal Adviser explained that in accepting a caution, the applicant’s account was different to that which the Police had reported.  The applicant stated that he was not looking for trouble and that he had not done anything wrong.

 

At the conclusion of the representations, the Sub–Committee withdrew with the Legal Adviser and Democratic Services Officer to consider the evidence.

 

Following this, they returned and the Chairman announced that the Sub–Committee had listened carefully to the evidence detailed in the report and the oral submissions provided by the applicant.  The SubCommittee was of the view that the applicant had not demonstrated that he was a “fit and proper” person in the light of the incident which had occurred in 2012 involving another licensed driver and the caution for soliciting which the applicant had received. The Sub-Committee also had serious concerns regarding the fact that the applicant admitted to providing conflicting submissions and inconsistencies of accounts to another Licensing Committee in order to retain his licence.

 

After considering the evidence put forward by all parties and East Herts Conviction Policy, the SubCommittee was unanimous in agreement that the taxi drivers’ licence should be refused.

 

The applicant was advised of his right of appeal to the magistrate’s court within 21 days.

 

RESOLVED – that the application for a taxi drivers’ licence be refused for the reasons now detailed.

 

Reasons for Decision:

1.        The version of events regarding the incident which had occurred in 2012 involving another licensed driver led the SubCommittee to believe that there was more to this than suggested by the applicant.  The applicant submitted that both drivers had just been "joking" around, however, this had led to an injury to the other driver at a taxi rank and the Police being called.  The applicant had also explained that the matter went to court but that he did not know why the case had been dropped, which caused further concern.  There appeared to be a lack of understanding that  ...  view the full minutes text for item 17.