LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 18
July 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00am.
Sub-Committee
Mrs H Thompson (Chairman)
Mrs A Claussen-Reynolds
Mrs P Grove-Jones
Officers in Attendance:
The Head of Legal Services, the Licensing Manager and
the Democratic Services Team Leader (MMH)
Also in Attendance:
The Applicants, and Supporter for Item 7
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
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, 6
and 7 to hear fully from the Applicants 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.
5
WK/120011182 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Applicant was present.
The Chairman introduced the Panel and Officers. The Head of Legal Services
outlined the procedure. She explained that, at a later stage, the Sub
Committee would withdraw to make a decision. She would provide them with
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 Licensing Manager outlined the application. An application had been
received and checks and consultations had been carried out. The application
omitted to give information on matters contained in the Applicant’s CRB
Disclosure. References from two named referees had been requested on 17
April 2012 but had not yet been received.
Licensing Sub-Committee
18 July 2012
There were no questions of the Licensing Manager.
The Applicant confirmed that he had seen the CRB Disclosure and was
aware of the matters Members would be referring to.
The Applicant put his case. He told the Sub Committee that some of the
offences had taken place over 20 years ago. Since then he had been in the
Army, held 3 taxi driver’s licences, been in the Fire Brigade and the Medical
and Bodyguard Department in Iraq. He held a Class 1 licence with no penalty
points and had certification from the Fire Brigade, as well as documents
relating to other vehicles. He also had a commendation from the Fire Brigade.
In response to a question from Mrs A Claussen-Reynolds, the Applicant said
that he had held two taxi driver’s licences in Norfolk and one in Northern
Ireland. He handed his badges to the Sub Committee for inspection and, in
answer to a question, said that he had never been subject to proceedings by
the other Licensing authorities. He agreed to his badges being photocopied
for the records.
In response to a question from Mrs P Grove-Jones, the Applicant said that he
was presently employed as an agency security guard. He handed over his CV
and letters of recommendation for perusal by the Sub Committee. Answering
a question about a gap in his CV from 1992 – 1999, the Applicant said that in
that period he had done a variety of work but had not included them in the CV
because they were not relevant to applying for a position in the security
industry.
The Applicant was questioned about an offence in 1994. The Applicant
asserted that this was not on his copy of the CRB. The Head of Legal
Services explained that his CRB and the Council’s copy would be the same
and said that a further copy of the Council’s copy would be made for him.
The Head of Legal Services suggested to the Applicant that it might help his
case to explain why his offences had occurred. He told Members that it was
because of the transition between Army and civilian life and the pressures of
life in Belfast in that period. When asked about his references he said that he
couldn’t remember the names he had given and that the referees might not
still be living in the same location. The Head of Legal Services explained that
references must be received before a licence could be granted. The Licensing
Manager suggested approaching the Fire Service and Broadland District
Council. The Applicant agreed to this suggestion.
In response to questions from the Sub Committee, the Applicant said that he
lived in Norwich but was hoping to work for a taxi operator in Cromer.
Before the Sub Committee retired to consider the application, the Head of
Legal Services reminded them that they would be considering if the Applicant
was a fit and proper person to hold a taxi driver’s licence. They should take
into account the relevant documents and what had been said at the Hearing.
They should also apply the commonsense test, i.e. would they put a relative
in his taxi.
The Sub Committee adjourned at 10.45 am and returned at 11.45 am.
The Head of Legal Services advised that enquiries had been made of
Broadland District Council which had raised queries. It was necessary to
Licensing Sub-Committee
18 July 2012
adjourn the Hearing until these had been resolved. The Chairman reminded
the Applicant that he also needed two references.
RESOLVED
to adjourn the Hearing.
6
WK/120015217 - APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Chairman introduced the Sub Committee and Officers. The Head of
Legal Services outlined the procedure. She explained that, at a later stage,
the Panel would withdraw to make a decision. She would provide them with
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 Licensing Manager introduced the application. A valid application had
been received but the CRB Disclosure had contained details about the
Applicant which merited further consideration.
The Applicant put his case. He told the Sub Committee that, although his
offence had been serious, it had been committed a long time ago and was not
relevant to his application. He had worked for a period of six years as a taxi
driver in Norwich. His customers had included vulnerable people and
schoolchildren.
In response to questions from the Sub Committee the Applicant said that he
hadn’t taken drugs since 1982. In recent years he had been a carer for his
former partner and had been offered a job as a taxi driver, dependent on
being granted a licence.
Before the Sub Committee retired to consider the application, the Head of
Legal Services reminded them that they would be considering if the Applicant
was a fit and proper person to hold a taxi driver’s licence. They should take
into account the relevant documents and what had been said at the Hearing.
They should also apply the commonsense test, i.e. would they put a relative
in his taxi.
The Sub Committee adjourned at 12.00 noon to consider the application and
returned at 12.13 pm.
RESOLVED
to grant the Licence.
7
WK/120016988 - APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Chairman introduced the Panel and Officers. The Head of Legal Services
outlined the procedure. She explained that, at a later stage, the Sub
Committee would withdraw to make a decision. She would provide them with
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
Licensing Sub-Committee
18 July 2012
Committee that he was a fit and proper person to drive a hackney carriage or
private hire vehicles in North Norfolk.
The Licensing Manager introduced the application. A valid application had
been received and the Applicant had a conditional offer of employment from a
taxi operator. However his CRB Disclosure had contained details about the
Applicant which merited further consideration.
There were no questions at this stage.
The Applicant had previously put his case in a letter but now explained it in
his own words. He assured the Sub Committee that the offence, which had
happened in 2006, would not be repeated. Since then he had done Jury
Service and been employed in work which included erecting playground
equipment.
Before the Sub Committee retired to consider the application, the Head of
Legal Services reminded them that they would be considering if the Applicant
was a fit and proper person to hold a taxi driver’s licence. They should take
into account the relevant documents and what had been said at the Hearing.
They should also apply the commonsense test, i.e. would they put a relative
in his taxi.
The Sub Committee adjourned at 12.25 pm to consider the application and
returned at 12.30 pm.
RESOLVED
to grant the Licence, subject to receipt of a satisfactory second reference.
The meeting concluded at 12.33 pm.
Licensing Sub-Committee
18 July 2012