Agenda and minutes

Licensing and Appeals Hearings Panel
Thursday, 22nd November, 2018 12.30 pm

Venue: Main Committee Room, Civic Centre, Stone Cross, Northallerton

Contact: Democratic Services Officer  01609 767015

Items
No. Item

LAHP.23

Exclusion of the Public and Press

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of item 3 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

Minutes:

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of the item of business at minute no LAHP.24 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act as the Panel was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

LAHP.24

Renewal of Hackney Carriage and Private Hire Driver Licence

Report of the Director of Law and Governance (Monitoring Officer)

Minutes:

The applicant was not in attendance at the hearing.  The Panel was informed that the applicant had been notified by letter of the time and date of the hearing at which his application would be considered.  The Panel was also informed by the Council’s Principal Licensing Officer that he had spoken with the applicant about the hearing and the applicant was aware of the date.  The applicant had not given any indication to officers whether he would attend the hearing, nor had he sought an adjournment. 

 

The Panel concluded that the hearing could proceed in the applicant’s absence as the applicant had been given an opportunity to attend and a delay would not be in the public interest.

 

The subject of the decision:

 

The Panel was asked to consider whether to grant or refuse an application for a renewal of a hackney carriage and private hire driver licence submitted by the applicant.

 

Alternative options considered:

 

The Panel considered the options outlined in the Director’s report and as it was not satisfied that the applicant was a fit and proper person to hold a hackney carriage and private hire driver’s licence, the application could not be granted.

 

The reason for the decision:

 

The Panel considered the Director’s report, the application for a hackney carriage and private hire driver licence, the applicant’s DVLA licence, the Council’s Hackney Carriage and Private Hire Licensing Policy and the relevant legislation.

 

The Panel was informed that the applicant had been licensed since November 2015 and recently applied to renew his licence.  The Panel noted that on the applicant’s renewal application form he disclosed the details of two speeding offences (one from October 2016 and one from May 2017).  The Panel considered the applicant’s DVLA licence and noted the existence of two further speeding offences (one from April 2015 and one from May 2015). The Panel noted that the offences in 2015 have expired for the purposes of the DVLA’s totting up procedure. 

 

The Panel noted that, according to the Council’s Policy, licensed drivers with nine or more penalty points endorsed on their driving licence in any rolling three year period will normally have their licence revoked.  The Panel noted that between April 2015 and May 2017 the applicant received a total of 12 penalty points for four separate speeding offences.  However, they did not come to the attention of the Council until October 2018.

 

The Panel noted that according to the applicant’s licence conditions, he is required to disclose the details of any conviction or fixed penalty fine as soon as practicable (and in any event within seven days).  The offences in October 2016 and May 2017 were not disclosed to the Council until the renewal application was submitted in October 2018.  The Panel noted that the obligation to disclose offences rests with individual drivers and failure to do so is breach of their licence conditions.

 

The Panel also noted that the applicant had been subject to a written warning in 2016 for failing to display  ...  view the full minutes text for item LAHP.24