Meeting documentation

Meeting documents

Taxi and Private Hire Sub Committee
Monday, 3rd March, 2008 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 ELECTION OF CHAIRMAN
RESOLVED THAT:

Councillor N Smith take the Chair for the meeting.
2 EXCLUSION OF PRESS AND PUBLIC
RESOLVED THAT:

In pursuance of Section 100A (4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A to the Act, and in the circumstances of the matter under consideration, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
The officers consider that the press and public should be excluded during consideration of the following items in accordance with Section 100(a) of the Local Government Act 1972 as publicity would be likely to result in disclosure of exempt or confidential information.
3 APPLICATION FOR A PRIVATE HIRE DRIVER'S LICENCE
The applicant attended the meeting, accompanied by his wife.

The Licensing Enforcement Officer introduced the report which asked
Members to determine an application to grant a private hire driver's licence. Background information to the application was given and details of a recent CRB check.

There were no questions to the Licensing Enforcement Officer from the applicant or Members.

The applicant put forward his case. He explained that the incident that had occurred was due to a family matter and that it would not happen again as he had a good life with his wife and family.

The applicant gave the following responses to questions from Members:

- At the time of the incident he was employed by S and A Foods in Derby.

- He had not held a private hire drivers licence before.

- His current employment was as a part time food delivery driver.

- both offences stated within the report involved the same people.

- Although the report stated that various weapons were used with regards to the offence, the applicant assured Members that it was only one piece of wood.

After further discussions it came to light that the weapons involved in the incidents were two pieces of wood and a hammer. It was explained that the weapons were taken with the men before the incident took place.

The Licensing Enforcement Officer did not wish to give a closing statement. The applicant gave a brief closing statement and explained that he currently worked with Members of the public and that he knew the district well.

At 7.00pm the Sub Committee adjourned to consider its decision. The meeting reconvened at 7.40pm.
  • (Attachment: 1)Report of the Licensing Enforcement Officer
  • (Attachment: 2)Appendices
RESOLVED THAT:

The application for a private hire driver's licence be refused on the grounds that the applicant was not a fit and proper person to hold a licence for the following reasons:

a) the applicant's demeanour, behaviour and replies to questions when attending before the Sub Committee.

b) the applicant's previous convictions as detailed on the Criminal Records Bureau enhanced
disclosure document (appendix 1 of the committee report) and that the convictions were for serious offences of violence. The Sub Committee were satisfied that their discretion was wide and that in light of the nature of the convictions they were able to comply with the general guidance contained in the Guidelines to the Council Policy relating to the Relevance of Convictions for Hackney Carriage and Private Hire Vehicle Driver's Licenses at Appendix 6 of the report.

Having listened to the Licensing Officer and the explanations given by the applicant both in the informal interview and before the Sub Committee, the members were of the opinion that the offences were very serious because they were premeditated and on both occasions involved the use of weapons. Because of the serious nature of the offences the Sub Committee felt that it was appropriate to comply with the general guidelines and refuse the application.

The applicant was advised of his right of appeal.


Published on Monday, 17th March, 2008
The meeting closed at 7.55pm.

Attendance Details

Present:
Councillors D Howe, P Holland and N Smith.

Officers: Mr A Cooper, Mr D Gill and Miss R Levy.