1. No category

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.
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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
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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.
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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.
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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
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