Agenda and minutes

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Items
No. Item

50.

Minutes (Agenda Item 1) pdf icon PDF 91 KB

To confirm the Minutes of the meeting held on 17 March 2010.

 

Minutes:

The Minutes of the meeting held on 17 March 2010 were confirmed as a correct record and signed by the Chairman.

 

As a comment on the footnote, the Chairman said that he had spoken directly with the Principal Licensing Officer (PLO).  It had been agreed that minor amendments would be dealt with by email between the two of them.   However, any items which the Chairman felt appropriate would be brought to the Committee for full discussion.

51.

Apologies (Agenda Item 2)

To receive apologies for absence. 

Minutes:

An apology for absence was received from Mrs L. Monument.

52.

Exclusion of the 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 7 of Part 1 of Schedule 12A to the Act.”

 

PART B –

ITEMS FROM WHICH THE PRESS AND PUBLIC HAVE BEEN EXCLUDED

 

 

Minutes:

RESOLVED 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 involve the disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A to the Act.

 

53.

Grant of a Hackney Carriage/Private Hire Drivers Licence (Agenda Item 8)

Report of the Deputy Chief Executive.

 

Minutes:

The Hearing took place in the presence of the applicant.  Mr Phil Mason was also in attendance as the Council’s solicitor.

 

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

 

The PLO presented the report, which was to determine an application for the grant of a Hackney Carriage/Private Hire driver’s licence.

 

Having confirmed that he had received copies of all relevant papers, that he agreed with the report, and that he had no matters pending, the applicant circulated to Members, at their request, a copy of the Criminal Records Bureau record for their information.  

 

In response to questions he then explained his background, giving further details where requested.  He had lived in Norfolk for the past year and had been employed locally, although his current work involved some travelling.  He said that he was now keen to get a full-time job and to lead a more settled life, adding that he had contacts which meant that he was likely to get employment with a local taxi company.   He also confirmed that the company would provide the car. 

 

There was a specific query about the standard of writing on the Statutory Declaration which the applicant had signed.   He confirmed that he had completed this himself, but added that he had difficulty writing as he had dyslexia. 

 

Having heard everything the applicant had to say, the Solicitor explained that the Committee would withdraw to consider the application.   They would do so by considering both the written and oral evidence presented to them and they would then apply the statutory test (i.e. that the Council, as Licensing Authority, needed to be satisfied that the applicant was a fit and proper person to hold a hackney carriage or private hire driver’s licence). 

 

RESOLVED  to grant a Hackney Carriage/Private Hire Driver’s Licence for the period of 6 months.  

 

The Chairman added that, the relevant Officers would have delegated powers to upgrade the Licence to three years thereafter, provided they were satisfied that the applicant had shown himself to be a fit and proper person, as required.

 

The Solicitor confirmed that, having read the report and heard the oral evidence, as well as having applied the Convictions Policy of Breckland Council (in particular paragraphs 1 of Appendix A, attached to the Report, and paragraphs (a) Minor Traffic Offences, and (g) All Other Crimes), the Committee was satisfied that the applicant was a fit and proper person in accordance with Section S1(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976.

 

54.

Grant of a Hackney Carriage/Private Hire Drivers Licence (Agenda Item 9)

Report of the Deputy Chief Executive.

 

 

Minutes:

The Hearing took place in the presence of the applicant.  Mr Phil Mason was also in attendance as the Council’s solicitor.

 

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

 

The PLO presented the report, which was to determine an application for the grant of a Hackney Carriage/Private Hire driver’s licence.

 

Having confirmed that he had received copies of all relevant papers, that he agreed with the report, and that he had no matters pending, the applicant circulated to Members, at their request, further details in relation to his spent convictions.    

 

The applicant stated that he had originally applied for a Hackney Carriage/Private Hire Driver’s licence in 2009.    However there had been a delay in getting the report from the Criminal Records Bureau.   In the mean time, he had undertaken delivery work all around the country.  But he was very keen to have a settled job, working for a local company. 

 

He had lived locally for the past three years, had been married for about 5 years and now had a young baby.   Finally, he said that he had a confirmed position lined-up with a company in Thetford. 

 

RESOLVED  to grant a Hackney Carriage/Private Hire Driver’s Licence for a period of 6 months.  

 

The Chairman added that, the relevant Officers were to have delegated powers to upgrade to a full Licence thereafter, provided they were satisfied that the applicant had shown himself to be a fit and proper person, as required.

 

The Solicitor confirmed that, having read the report and heard the oral evidence, as well as having applied the Convictions Policy of Breckland Council (in particular paragraphs 1 of Appendix A, attached to the Report, and paragraphs (a) Minor Traffic Offences, and (g) All Other Crimes), the Committee was satisfied that the applicant was a fit and proper person in accordance with Section S1(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976.

55.

Renewal of a Hackney Carriage/Private Hire Drivers Licence (Agenda Item 10)

Report of the Deputy Chief Executive.

 

Minutes:

The Hearing took place in the presence of the applicant.  Mr Phil Mason was also in attendance as the Council’s solicitor.

 

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

 

The Solicitor asked for confirmation that the Committee could also consider an option of ‘refusal to renew the application’ if they so wished, and the PLO confirmed that they could indeed do so.

 

The PLO presented the report, which was to determine an application for the renewal of a Hackney Carriage/Private Hire driver’s licence.    The applicant had failed to comply with Condition 10 of the conditions attached to a Breckland Council driver’s licence, which required drivers to notify the Licensing team, in writing, of any convictions within seven days, as well as to disclose these on any application form.  He had therefore made a false declaration.

 

Having confirmed that he had received copies of all relevant papers, that he agreed with the report, and that he had no matters pending, the applicant apologised for not having complied with the conditions requested.   In terms of failing to report the offence in July 2007 he said that he had had health problems (was being treated for cancer) and had therefore had a memory lapse.   The offence itself had concerned use of a mobile phone whilst driving (which had happened because the phone had not been charged at the time). 

 

With regard to the second offence (August 2008), which had been for travelling at 35 mph in a 30 mph zone, he said that he had been alone in the car and had received a £60 fine. 

 

In response to questioning, he confirmed that he was currently fit and was also very conscious of his responsibilities and the need to respect rules.    When the Chairman commented that the Statutory Declaration had been completed fairly recently, and that relevant information had clearly been omitted, the applicant acknowledged his error.   However, he added that he had taken details of both convictions with him to the office at the time of application, and said that the Licensing Officer had seen them.  (The PLO said that she was unable to confirm whether or not this was the case as the Licensing Officer concerned was currently away.)    When pressed, the applicant confirmed that he had definitely brought all his papers and details with him at the time he had made his application.

 

He apologised again, adding that he had really not meant to be disrespectful to the Council or the Licensing Authority. 

 

The Chairman acknowledged the apology, but stressed that the rules were clear and needed to be complied with.   The applicant had failed to do so. 

 

In his final statement, the applicant asked for a second opportunity: he was keen to support his family and to improve his record.   He added that he would be using his own car. 

 

RESOLVED that, having read the Report and heard the oral evidence, to suspend the renewal of the licence for a period of 7 days. 

 

The  ...  view the full minutes text for item 55.