Agenda and minutes

Venue: Norfolk Rooms, The Conference Suite, Elizabeth House, Dereham

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

1.

Minutes (Agenda item 1) pdf icon PDF 57 KB

To confirm the Minutes of the meeting held on 11 September 2013.

Minutes:

The Minutes of the meeting held on 11 September 2013 were confirmed as a correct record and signed by the Chairman.

2.

Apologies (Agenda item 2)

To receive apologies for absence. 

Minutes:

An apology for absence was received from R Duffield.

3.

Hearing Procedures (Agenda item 6) pdf icon PDF 51 KB

Minutes:

The Hearing procedures were noted.

4.

Exclusion of Press and Public (Agenda item 7)

To consider passing the following resolution:

 

“That under Section 100(a)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they are likely to involve the disclosure of exempt information as defined in paragraph 1, 2 and 7 of Part 1 of Schedule 12A to the Act”.

 

PART B

ITEMS FROM WHICH THE PRESS AND PUBLIC ARE EXCLUDED

 

Minutes:

RESOLVED that under Section 100(a)(4) of the Local Government Act 1972, the press and the public be excluded from the meeting for the following item of business on the grounds that it is likely to involve the disclosure of exempt information as defined in paragraphs 1, 2 and 7 of Part 1 of Schedule 12A to the Act.

5.

Consideration of suspension/revocation of hackney carriage/private hire drivers licence (Agenda item 8)

Report of the Assistant Director of Commissioning.

Minutes:

The Committee heard the application in accordance with the Council’s agreed procedure.

 

The Hearing took place in the presence of the holder of the hackney carriage/private hire drivers licence, a Licensing Officer and Mrs Y Blake, the Council’s Solicitor.

 

The Chairman made introductions and explained the procedures to the licence holder.

 

The Licensing Officer presented the report which was to consider the suspension/revocation of a Hackney Carriage/Private Hire driver’s licence in accordance with Section 51(2) of the Local Government (Miscellaneous Provisions) Act 1976 which included the following condition in relation to cautions:

 

“All other crimes – in relation to existing licence holders if any person receives a conviction or caution for any criminal offence within the category of ‘all other crime offences’ then the revocation or suspension of their licence will be imposed or considered giving due thought to their ‘fit and proper’ status in the light of the offence, sentence and circumstances presented”.

 

Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 states a District Council may suspend or revoke, (on application under Section 46 of the Town Police Clauses Act 1847 or Local Government (Miscellaneous Provisions) Act, 1976, as the case may be), the licence of a driver of a Hackney Carriage or Private Hire vehicle on any of the following grounds:

 

A.                  That he has since the grant of the licence:

 

  1. been convicted of an offence involving dishonesty
  2. been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or the Act of 1976; or

 

B.                 Any other reasonable cause.

 

The commencement date of the licence holder’s Hackney Carriage/Private Hire drivers licence was highlighted and was accordingly corrected to 1st September 2011.

 

The licence holder had been issued with a Simple Caution for Fraud by False Representation for an offence that he had admitted to.

 

The Chairman said it was the Committee’s duty to consider this offence and invited the licence holder to explain the circumstances.

 

The licence holder explained to the Committee the circumstances which resulted in this offence being committed - altering a website belonging to a taxi firm of which he had been previously employed.  He said that he took full responsibility for his actions and in hindsight should not have reacted to the personal situation and instead should have considered the possible consequences; however, he did not consider this offence to affect his ability to carry out his job and he regretted his actions.

 

The Solicitor advised the licence holder about the law in relation to accepting the caution and therefore admitting to the crime of fraud.

 

Following a number of questions and having heard all the evidence the licence holder and the Licensing Officer withdrew from the meeting to allow the Committee to consider their options. 

 

The Committee re-convened and after considering the matter, the Solicitor advised on behalf of the Committee that:

 

6.

Next Meeting (Agenda item 9)

To note the arrangements for the next meeting to be held on 26 February 2014 at 10.00am in the Norfolk Room, Conference Suite, Elizabeth House, Dereham.

Minutes:

The arrangements for the next meeting on 26 February 2014 at 10.00am in the Norfolk Room were noted.