LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 30
May 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00am.
1
Sub-Committee
Mrs H Thompson (Chairman)
Mrs A Claussen-Reynolds
Mrs A Green
Officers in Attendance:
The Legal Advisor, the Licensing Manager and the
Democratic Services Team Leader (MMH)
Also in Attendance:
The Applicant
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 and 6 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.
5
WK/120010860 – 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 Legal Advisor outlined the
procedure. She explained that, at a later stage, the Panel would withdraw to make
a 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 Licensing Manager outlined the application. A valid application had been
received and checks and consultations had been carried out. The Applicant’s DVLA
Drivers Licence showed a disqualification of 56 days complete with an Offence code
of TT99. It was this disqualification and surrounding circumstances which merited
further consideration. The Applicant had received an offer of employment subject to
being granted a taxi licence.
Licensing Sub-Committee
30 May 2012
Copies of the Applicant’s DVLA Drivers Licence had been provided to the SubCommittee.
In response to a question from Mrs A Claussen-Reynolds, the Licensing Manager
explained that the length of time for which a DVLA Drivers Licence was issued could
vary for different reasons, including instructions from the Magistrates Court.
In response to a question from Mrs H Thompson, the Applicant said that he had
decided to be a taxi driver because he wanted a change of occupation, and to better
provide for his family. He knew the local area well, having been resident for 13 years
and was a good driver.
In response to a question from Mrs A Claussen-Reynolds the Applicant explained
that he had been given a medical discharge from the Army, but that he had fully
recovered from the injury and it didn’t affect his ability to drive.
The Applicant put his case:
He informed the Sub-Committee of a previous disqualification in 2010 which
appeared on his driving record and told Members about the nature and specific
circumstances of the driving offences for which he had received a disqualification. He
also presented a letter of reference from his future father in law.
In reply to a question from Mrs A Green, the Applicant gave assurance that he had
checked that the taxi company he would be working for was a reputable one. The
Licensing Manager confirmed that this was so. Responding to a question from Mrs H
Thompson, the Applicant said he felt confident in dealing with potentially rowdy
customers, as he related well to all kinds of people. If he got the job, his passengers
would mostly be local people returning from Norwich.
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. In deciding the application, the Sub-Committee would take into
account the information from the Licensing Manager in considering the Applicant’s
suitability to hold a taxi licence in North Norfolk. The Sub-Committee would also take
into account the information that the Applicant put forward, including his driving
licence and reference letter. The Licensing Sub-Committee would take into account
not only the Applicant’s interests but also the interests of the general public.
The Sub Committee retired at 10.35 am to consider their decision and returned at
10.50 am.
The Chairman told the Applicant that the Sub-Committee had considered relevant
written and oral evidence before it. The Sub-Committee considered that the
Applicant’s past misdemeanours were not all of his doing and took the view that he
had learnt a very difficult lesson from that situation. It took note of the fact that the
Applicant had been treated quite leniently for the previous driving offences. It
considered that he was well supported and indeed encouraged to establish himself
with a secure future and had been offered a job by a reputable taxi firm. Having
listened to and considered all the information, the Sub-Committee deemed that the
Applicant was a fit and proper person to drive a taxi.
RESOLVED
To grant the licence.
The meeting concluded at 10.50 am.
Licensing Sub-Committee
30 May 2012