Agenda and draft minutes

Licensing Panel - Friday 27th January, 2023 2.00 pm

Venue: Committee Room, Swanspool House, Wellingborough, Northants, NN8 1BP

Contact: Carol Mundy 

Items
No. Item

25.

Election of Chair for Panel

Minutes:

It was proposed by Councillor Lee and seconded by Councillor Bone that Councillor Ekins be elected as chair for this licensing panel.

Resolved to note that Councillor Ekins was elected as Chair for this panel.

26.

Apologies for absence

Minutes:

Resolved to note that there were no apologies for absence.

27.

Members' Declarations of Interest

Minutes:

Resolved to note there were no declarations of interest made.

28.

To consider the exclusion of the Press and Public

Minutes:

It was proposed that the press and public be excluded from the hearing during consideration of the following item in accordance with Section 100A of the Local Government Act 1972.On being put to the vote this was declared carried.

 

Resolved that the press and public be excluded from the meeting.

29.

To consider an application for a new private hire driver licence (MI)

Presented By: Amanda Wilcox

Minutes:

The Licensing Enforcement Officer introduced the report which asked the Panel to consider an application for a new private hire driver license

 

RESOLVED:

 

Refused to grant the application for a new private hire drivers licence

 

Reasons for Decision:

 

The sub-committee took into consideration:

 

  • Local Government (Miscellaneous Provisions) Act 1976.
  • The Institute of Licensing’s Guidance on determining the suitability of applicants and licensees in the hackney and private hire traces
  • The Taxi and Private Hire Conditions of Licensing: Criminal Records Policy (Wellingborough area)
  • The report from Amanda Wilcox on behalf of the Council
  • The representations of the applicant

 

It is the duty of the Sub Committee to determine the application on the balance of probabilities.

 

The Sub Committee had carefully considered the report of Amanda Wilcox and also gave due regard to all of the above documents contained within in reaching its decision and the representations put forward by the applicant at the Sub-Committee.

 

The applicant declared a conviction for a public order offence in 2018 on his application for a private hire driver’s licence. The applicant stated that the incident occurred when his vehicle had been spat on when he was driving in Northampton. He had exited the vehicle and confronted the person that had spat at his vehicle and the police had attended. The applicant was given a conditional discharge for 12 months on 26th April 2018 as well as being ordered to pay costs.

 

The Sub Committee gave consideration to the Taxi and Private Hire Conditions of Licensing: Criminal Records Policy (Wellingborough area) where it is stated that an applicant will not be considered until at least 5 years have elapsed since the completion of any sentence or licence period in relation to public order offences.

 

The earliest the applicant would be considered under the Policy is after 26th April 2024.

 

The Sub-Committee resolved that the applicant conduct fell below that expected of a licenced driver and that they could not find any reasons as to why they should depart from the Policy and as such they refused to grant the application for a new private hire driver’s licence.

 

30.

To consider an application for a renewal of a private hire driver licence (SD)

Presented By: Amanda Wilcox

Minutes:

The Licensing Enforcement Officer introduced the report which asked the Panel to consider an application for a renewal of a private hire driver license.

 

RESOLVED

 

Refuse to grant the application to renew private hire drivers licence and revocation of the applicants Hackney Carriage Drivers License.

 

The sub-committee took into consideration:

 

·         Local Government (Miscellaneous Provisions) Act 1976.

·         The Institute of Licensing’s Guidance on determining the suitability of applicants and licensees in the hackney and private hire traces

·         The Taxi and Private Hire Conditions of Licensing: Criminal Records Policy (Wellingborough area)

·         The report from Amanda Wilcox on behalf of the Council

·         The representations of the applicant

 

It is the duty of the Sub Committee to determine the application on the balance of probabilities.

 

The Sub Committee carefully considered the report of Amanda Wilcox and also gave due regard to all of the above documents contained within in reaching its decision and the representations put forward by the applicant at the Sub-Committee.

 

The applicant provided an explanation regarding the Police relevant information on his DBS relating to the theft of a purse that was disposed of by way of a Community Resolution.

 

The applicant stated that the purse had come into his possession accidently when he gathered his belongings from a table in the building society. When he realised he had the purse he stated that there was no identification in the purse and that he presumed it belonged to his daughter. The applicant stated that the purse contained approximately £120 in cash. The applicant later went on to spend the cash within the purse but did not specify when. He advised that after speaking with his daughter she confirmed that the purse did not belong to her.

 

The applicant was later contacted by the Police who stated they had observed him taking the purse on the CCTV of the building society and asked him to attend for an interview. He had offered to give the owner of the purse £200 as compensation and the Police disposed of the matter by way of the Community Resolution.

 

The Sub-Committee interpreted the Taxi and Private Hire Conditions of Licensing: Appendix F – Criminal Records Policy (Wellingborough area) at 3.6 where it stated “For clarity, in this policy the term ‘conviction’ is defined as any convictions, cautions, formal warnings or reprimands”. Without further clarification within the Policy a Community Resolution would be considered within this category.

 

The Sub-Committee acknowledged that the purse may have come into the possession of the applicant without his knowledge when he gathered his belongings as he had expressed in his explanation. The Sub-Committee were unanimous in  agreeing that at the point the applicant took the cash from the purse and spent it his actions had become dishonest. Conduct relating to dishonesty is taken seriously by the Sub-Committee.

 

The Sub-Committee resolved that the applicant’s conduct fell below that expected of a licenced driver and that he is no longer a fit and proper person to hold a licence and as such they  ...  view the full minutes text for item 30.

31.

Close of Panel meeting