Venue: Council Chamber, Civic Centre, Stone Cross, Rotary Way, Northallerton, DL6 2UU
Contact: Democratic Services Officer 01609 767015
Note: Press and public are welcome to attend meetings of the Licensing and Appeals Hearings Panel. Due to current social distancing restrictions, measures have been implemented which limit the number of attendees able to be physically present in the meeting at any one time. Temporary arrangements are in place for members of the press and public to register their attendance no later than 24 hours in advance of the meeting taking place. Spaces are allocated on a first come first served basis. If you arrive at the Civic Centre to attend the meeting and have not registered in advance a space cannot be guaranteed if there are no vacant seats available. Members of the press and public are also able to observe the meeting virtually via Teams. Please click on the link below or dial 020 3855 5195 followed by the Conference ID: 707 679 196# For further information please contact Democratic Services on telephone 01609 767015 or email email@example.com
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.
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.14 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.
Application for the grant of a Hackney Carriage and Private Hire Driver Licence
Report of the Director of Law and Governance (Monitoring Officer)
The subject of the decision:
The Panel was asked to consider whether to grant or refuse an application for a hackney carriage and private hire driver licence submitted by the applicant (“D”).
Alternative options considered:
The Panel considered the options outlined in paragraph 5.1 of the Director’s report. Having concluded that D was not a fit and proper person to hold a hackney carriage and private hire driver’s licence, the Panel was satisfied that none of the alternative options were appropriate.
The reason for the decision:
The Panel considered the officer’s report, the written and oral representations of D, the Council’s Hackney Carriage and Private Hire Licensing Policy and
the relevant legislation.
The Panel noted that, according to the applicant’s enhanced DBS disclosure, D received two cautions on 21 April 2018 – one for criminal damage and one for battery.
According to D, the cautions were issued after he was taken into police custody following a family dispute. D informed the Panel that, during an argument, he went outside the house “to cool off” but picked up a garden tool and smashed some windows of a van belonging to one of the people involved in the argument. Upon re-entering the house, D pushed open a door “with considerable force”, which struck a family member and knocked them to the floor.
D indicated that he was shocked by his own behaviour and therefore he attended a CBT (Cognitive Behavioural Therapy) course soon after the incident to understand why he reacted in the way that he did and to prevent a repeat. The Panel acknowledged that D had not received any cautions or convictions since the date of the incident in question.
D informed the Panel that he accepted a caution the day after the incident and agreed to pay £500 compensation. D indicated that he was not entirely sure of the offences that he was accepting guilt for at the time and, if he had seen any reference to battery, he would have disputed it.
The Panel noted that cautions can only be issued where there is an admission of guilt and where the evidence meets the standard normally required to bring a prosecution. For this reason, cautions are regarded in the same way as convictions when considering the suitability of an applicant.
The Panel also acknowledged that it is not entitled to review the merits of a conviction or caution and therefore it would need to consider the offences of criminal damage and battery as recorded.
The Panel considered the Council’s guidelines relating to applicant suitability and the relevance of criminal convictions contained within its Hackney Carriage and Private Hire Licensing Policy. The Panel acknowledged that applicants are generally expected to remain free from caution or conviction for a minimum period after committing an offence, although exceptions may be made where the circumstances justify it. The Panel was satisfied that the guidelines establish a minimum standard to place public safety as the priority while enabling previous offenders to sufficiently evidence ... view the full minutes text for item LAHP.14