LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 9
November 2011 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00am.
1
Sub-Committee
Mr P W High (Chairman)
Mrs A Green
Mr B Smith
Other Councillors:
Mr R Shepherd (Observer)
Officers in Attendance:
The Legal Advisor, the Licensing Manager, the Licensing
Administrator and the Democratic Services Team Leader
(MMH)
Also in Attendance:
The Applicant and Supporters (for item 5), The Applicant
and Supporter (for item 7)
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
An item of urgent business had been received. It was an application for a licence to
drive hackney carriage or private hire vehicles in North Norfolk. It was urgent
because the Applicant's CRB disclosure had been received after the Agenda for the
November Sub Committee had been despatched. If the Applicant had to wait until the
December Sub Committee he could potentially suffer loss of earnings. It was
RESOLVED
to hear the application at Item 7.
3
DECLARATIONS OF INTEREST
None
4
EXCLUSION OF THE PRESS AND PUBLIC
Members decided that they wished to go into Private session for items 5 and 6 and 7
and to hear fully from the Applicant and consider matters in confidence.
RESOLVED
That under S100 A (4) of the Local Government Act 1972, the public and press be
excluded from the meeting for Agenda Item No 4 on the grounds that it involved the
likely disclosure of exempt information as defined in paragraph 1 of Part 1 of
Schedule 12 (a) of the Act.
Licensing Sub-Committee
9 November 2011
5
WK/110024422 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Applicant was present. He was represented by Mr Gent and supported by his
prospective employer.
The Chairman introduced the Panel and Officers. The Legal Advisor outlined the
procedure. She explained that, at a later stage, the Panel would withdraw to make
their decision. She would accompany them to provide legal advice and to assist them
to formulate their reasons but would not take part in the making of the decision. The
Applicant needed to satisfy the Sub Committee that he was a fit and proper person to
drive a hackney carriage or private hire vehicles in North Norfolk.
The Applicant had brought no witnesses and there was no new evidence.
The Licensing Manager outlined the application. The Applicant had previously been a
taxi driver in North Norfolk but his licence had lapsed and this application was being
treated as a new application. There were items on the Applicant’s CRB check which
merited further consideration. The CRB was presented to the Committee for perusal.
The Applicant put his case with the assistance of Mr Gent. He informed the Sub
Committee of the nature and specific circumstances of the offences. The convictions
were from 17 years ago, with a caution from 14 years ago. The Applicant’s
prospective employer also provided information to the Sub Committee regarding
previous work carried out in his employment. He told the Sub Committee that he
would have no hesitation in offering employment to the Applicant if he were granted a
licence.
In response to questions from Mr B Smith and the Legal Advisor, the Applicant
assured the Sub Committee that although he had committed offences when a young
person, he had completely changed his lifestyle since.
In a closing statement the Applicant, assisted by Mr Gent, told the Sub Committee
that he had not been in trouble for over 13 years, wanted to work and understood the
responsibility entrusted to a taxi driver.
The Legal Advisor explained the determination process; to grant a licence, Members
must be satisfied that the Applicant was a fit and proper person to drive a taxi in
North Norfolk.
a) Members would need to consider the Applicant’s previous offences, the
seriousness and relevance to driving a taxi, the length of time since they were
committed and the penalties imposed.
b) They must consider what the Applicant said in regard to the offences.
c) They must balance the right of the Applicant to earn a living with the right of
the public to be safe.
The Sub Committee retired at 10.24 am to consider their decision and returned at
10.31 am.
The Chairman told the Applicant that in deciding the application the Sub-Committee
had taken into account the information from the Licensing Manager in considering his
suitability to hold a taxi licence in North Norfolk. The Sub-Committee also took into
account the information that he had put forward, including his CRB disclosure. The
Sub-Committee found that all offences were from a long time ago and that the
Applicant’s prospective employer gave a very positive account of his recent work and
Licensing Sub-Committee
9 November 2011
WK/110024422 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
(Continued)
character. The Sub-Committee deemed therefore that the Applicant was a fit and
proper person to hold a taxi licence.
RESOLVED
To grant the licence.
6
WK110022362 – COMPLAINT REGARDING ALLEGED CONTRAVENTIONS OF
LICENCE TO DRIVE HACKNEY CARRIAGE OR PRIVATE HIRE VEHICLES IN
NORTH NORFOLK
The Subject Driver was not present and had made no contact to say he would not be
attending. The Licensing Manager requested that the case should be heard in his
absence.
The Legal Advisor told Members that, if they were to hear the case in the Subject
Driver’s absence, they must be sure that he had been aware of the Hearing and that
he had not contacted the Council to say that he was unable to attend. If the case
was heard in his absence, the Subject Driver would still have the right of appeal
against any decision.
The Licensing Manager explained that the Subject Driver had originally been due to
attend the Sub Committee on 12 October 2011 and was sent the paperwork. He had
contacted the Council to say that he couldn’t attend because of family reasons. The
Subject Driver had subsequently been informed that his case would be heard on 9
November 2011 and sent new paperwork. There was no doubt that he had received
this because on 26 October 2011 he had telephoned the Licensing Manager to query
the contents of the report although he gave no indication that he would not be
attending the Hearing. The Licensing Manager had confirmed the telephone
conversation in writing on 28 October 2011. The letter was circulated to Members.
The Sub Committee was satisfied that the Subject Driver was aware of the Hearing.
It was RESOLVED
to hear the case in the absence of the Subject Driver.
The Licensing Manager outlined the circumstances.
The Subject Driver had been reminded, via a letter dated 12 July 2011, that his
Criminal Record Bureau (CRB) Disclosure was due to expire 23 September 2011. As
yet no application to obtain a further Disclosure had been received.
Information had been obtained through a copy of the Lynn News with the Court
Register report dated 30 August 2011, citing the Subject Driver as having appeared
before the court for exceeding 30mph limit. He had been fined £300 with £75 costs
and disqualified from driving for seven days. NNDC had not been notified of this by
the Subject Driver. The Subject Driver had also been reminded, via a pre-populated
application form dated 5 September 2011 that his taxi driver’s licence was due to
expire on 23 November 2011. As yet no application to renew the licence had been
received. The Licensing Manager sent a letter to Subject Driver on 16 September
2011 regarding the issues and requesting his appearance at the Licensing Sub
Committee hearing on 16 October 2011 for not informing NNDC (in writing) that an
Licensing Sub-Committee
9 November 2011
WK110022362 – COMPLAINT REGARDING ALLEGED CONTRAVENTIONS OF
LICENCE TO DRIVE HACKNEY CARRIAGE OR PRIVATE HIRE VEHICLES IN
NORTH NORFOLK
(Continued)
accident had taken place or that he had received a fine and a suspension to his
DVLA driver’s licence. Subject Driver’s DVLA Licence now showed he had 12 points
and 2 motoring convictions. A letter had been received on 6 October 2011 from the
Subject Driver explaining that he would be unable to attend the Hearing on 16
October 2011 and, for that reason, the matter had been deferred to November.
In response to a question from the Legal Advisor the Licensing Manager confirmed
that the duty to inform the Licensing Department of any motoring or other conviction
was set out in Condition 15 of the current Hackney Carriage and Private Hire
Handbook. The Subject Driver had appeared before a Licensing Sub Committee in
2009 for failing to report a conviction, so he was well aware of the requirement.
Before the Sub Committee retired to make their decision the Legal Advisor explained
that they must consider if the Subject Driver was a fit and proper person to hold a taxi
licence. The Sub Committee must decide if they would suspend, refuse to renew or
revoke the licence because of reasonable cause. The Sub Committee retired at
11.17 am to consider their decision and returned at 11.25 am.
The Chairman stated that Members found that the Subject Driver should have
reported his recent driving conviction to the Licensing Department but, being aware
of this duty, he had not done so. The Council needed to know about any changes so
that it could carry out its public protection duties. In addition, Members found that the
Subject Driver’s driving record since April 2008 showed that he had received 12
penalty points in total, with 6 still current, and a recent disqualification for speeding.
The CRB disclosure required by the Licensing Authority was overdue and the SubCommittee did not know if there were any other outstanding matters. The SubCommittee took all this information into account and found that there was reasonable
cause to revoke the taxi licence. It appeared to them that due to the number of
driving convictions, including a recent disqualification for speeding and the Subject
Driver’s non disclosure to the Council of this conviction, in the interests of public
safety, the revocation of the licence was to have immediate effect.
In making its determination, the Sub-Committee took into account not only the
Subject Driver’s interests but also the interests of the general public.
RESOLVED
to revoke the licence with immediate effect.
7
WK/110025067 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Applicant was present, with his partner in support.
The Chairman introduced the Panel and Officers. The Legal Advisor outlined the
procedure. She explained that, at a later stage, the Panel would withdraw to make
their decision. She would accompany them to provide legal advice and to assist them
to formulate their reasons but would not take part in the making of the decision. The
Applicant needed to satisfy the Sub Committee that he was a fit and proper person to
drive a hackney carriage or private hire vehicles in North Norfolk.
The Applicant had brought no witnesses and there was no new evidence.
Licensing Sub-Committee
9 November 2011
WK/110025067 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
(Continued)
The Licensing Manager outlined the application. There were items on the Applicant’s
CRB check which merited further consideration. The CRB was presented to the
Committee for perusal.
The Applicant put his case, with the assistance of his partner.
He informed the Sub-Committee of previous matters which appeared on the Criminal
Records Bureau document and of the nature and specific circumstances of the
offences. He explained that he had a difficult youth and that a recent domestic
situation in the previous decade had had a significant effect on his life and behaviour
at that time, but that he was now in a positive and mutually supportive relationship
and considered himself to be a totally different person. He expressed remorse and
regret for his past behaviour. The Applicant’s partner also spoke on his behalf.
In a closing statement the Applicant told the Sub Committee that he had the offer of a
job based in Cromer and asked to be given the opportunity to work.
The Legal Advisor explained the determination process; to grant a licence, Members
must be satisfied that the Applicant was a fit and proper person to drive a taxi in
North Norfolk.
a) Members would need to consider the Applicant’s previous offences.
b) They must consider what the Applicant said in regard to the offences.
c) They must balance the right of the Applicant to earn a living with the right of
the public to be safe.
The Sub Committee retired at 11.50 am to consider their decision and returned at
11.58 am.
The Chairman told the Applicant that in deciding the application Members had
considered the relevant written and oral evidence. The Sub-Committee found that the
Applicant had some serious matters on his CRB form from a long time ago and a
large number of convictions as a whole. However, he had shown shame and remorse
for his past actions and was now in a settled relationship. The Sub-Committee
believed him to be a changed character and a fit and proper person to drive a taxi in
North Norfolk.
RESOLVED
To
grant the licence.
The meeting concluded at 12.00 noon.
___________________
Chairman
26 March 2012
Licensing Sub-Committee
9 November 2011