Agenda and minutes

RESOLVED that Councillor Milne be elected Chairman of the Regulatory Sub-Committee for this meeting only

Councillor Milne took the Chair for the remainder of the meeting.

Members may make any declarations of interest at this point but may also make them at any time during the course of the meeting.

No declarations were made.

To resolve that under Section 100 (A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting  for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to an individual.

The Following Item(s) will be dealt with in accordance with the Principles of Natural Justice adopted by the Council.

A Copy of which is attached to this agenda.

Note 1

This licensing authority will only allow licensing decisions to be taken by a minimum of three Councillors.  In the event of one member being unable to attend, their place will be substituted by another member.  In the event of this substitution taking place all parties will be informed of the change of membership at the beginning of the hearing.

The Chairman welcomed all present to the meeting and round the table introductions were made.  The Principles of Natural Justice were followed.  Confirmation was sought that the Applicant was aware that he could have been represented at the meeting, this was affirmed.

Members considered a report which detailed an application for the grant of a combined hackney carriage / private hire driver’s licence for an Applicant who’s DBS showed a conviction for two offences in relation to criminal damage, one in 2007 and one in 2015 (less than 3 years ago).    It was also noted, that the Applicant was currently licenced with North Lincolnshire Council, however Officers had been unable to speak directly with the Licensing Team of that Authority.  A check of the Applicant’s driving licence had shown 0 offences and 0 points. However, in his application, the Applicant had also referenced having been convicted of an offence some time ago (which was now be spent) but this was before he could drive a car.  The rest of the Applicant’s application had been deemed satisfactory by Officers, safeguarding courses had been completed and the Applicant had been declared fit by the Doctor completing the medical form.

The Licensing Team Manager requested that it be noted the Applicant had approached him, prior to the Hearing, advising that he was having difficulty in reading the paperwork.  Officers had spent time with the Applicant earlier that day explaining the process and had issued “white papers” to him as an aide.

The Chairman sought indication from all parties that they understood the process, that reasonable adjustment had been made, and that they were happy to proceed, this was affirmed.

The Sub-Committee were asked to determine whether or not the Applicant was a ‘fit and proper’ person to be issued a licence.  The Sub-Committee was aware that public safety was its paramount consideration.

The Sub-Committee indicated that they had no questions to ask of the Licensing Manager at this time.

The Applicant indicated that the offence in 2015 related to his own property and he had tried to appeal the conviction but had been out of time.  The Chairman indicated that the Applicant would be provided opportunity to explain any related circumstances, when asked to present his case.

The Applicant was then invited to present his case and in doing so, advised the Sub-Committee that he currently was a licensed taxi driver fin North Lincolnshire, regularly worked nights and had never had any complaints made against him.   The Applicant gave examples to demonstrate his confidence in dealing with the public.  He indicated he had recently moved to Gainsborough and thus would like to work where he resided.

The Applicants representative also addressed the Sub-Committee, expanding on the incident in 2015.  This was as a result of a relationship with a woman and it was noted that the property actually damaged did belong to the Applicant, however he had been out of time to appeal the conviction.  Issues surrounding this relationship were continuing to cause the Applicant difficulty. The Applicant’s representative described the Applicant as autistic in nature and she was of the view that he was usually very gentle in nature, rarely losing his cool, however this women had been making his life very difficult.  Hence,  ...  view the full minutes text for item 5.