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Confirmation of Minutes - 24 February 2022 PDF 112 KB
RESOLVED that the minutes of the meeting held on 24 February 2022 be confirmed.
Declarations of Interest
Please note that, in accordance with the Members' Code of Conduct, when declaring interests members must disclose the existence and nature of the interest, and whether it is a disclosable pecuniary interest (DPI) or personal and/or pecuniary.
No declarations of interest were received.
Exclusion of Press and Public
You are asked to resolve that the press and public be excluded from the meeting during the consideration of the following item(s) because it is likely that if members of the press or public were present, there would be disclosure of ‘exempt information’
RESOLVED that the press and public be excluded from the meeting during consideration of the following item(s) of business because it is likely that if members of the public were present there would be a disclosure to them of ‘exempt information’ as defined by Section 100I and Schedule 12A to the Local Government Act 1972.
To Interview An Existing Driver Who Has Failed To Disclose A New Conviction
The Licensing Officer:
a) stated that the licensee had held a Private Hire Drivers Licence since 2 February 2019
b) highlighted that the licensee was required to appear before the Sub-committee when he made his first application as he failed to disclose a previous offence of using threating, abusive, insulting words or behaviour with intent to cause fear or provocation of violence. A copy of the report was shown at Appendix A
c) explained that on 16 December 2021 the licence holder contacted the Licensing Team to apply for a re-licence. The application form, documents and fee were supplied/paid on 21 December 2021
d) highlighted that the licence holder declared at part 2 of the application form that he had not received any convictions or criminal findings of guilt since his last application. A criminal record check (DBS) was requested on 28 January 2022, when the licensee returned this to the Council, and upon its return it showed an additional offence
e) highlighted that within the Best Practice Standards, which were agreed on 16 March 2022, it stated the following in terms of offences involving violence;
‘ Where an applicant has a conviction for an offence of violence against the person, or connected with any offence of violence, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed’
f) highlighted that within the current Hackney Carriage and Private Hire Licensing Convictions Policy it stated the following in relation to giving or making a false declaration, of which the licensee failed to declare the new conviction;
‘ It is an offence for any person knowingly or recklessly to make a false declaration or to omit any material particular in giving information required by the application for a licence. Where an applicant has made a false statement or a false declaration on their application for the grant or renewal of a licence, the licence will normally be refused’
The Sub-Committee questioned the applicant and received responses from the applicant.
The Decision was made as follows:
That the private hire vehicle driver’s licence be renewed and that the driver be issued with a warning letter regarding his future conduct.
Reason for the Decision:
Upon applying for a licence renewal, the driver had failed to disclose a conviction for common assault which had occurred in October 2020 after an incident in July 2020. The Sub-Committee noted that the driver had also previously failed to disclose a caution for using threating, abusive, insulting words or behaviour with intent to cause fear or provocation of violence when initially applying for a licence in 2018.
The Sub-Committee had particular regard to the Council’s policies relating to violent offences and giving or making false declarations, both of which would normally result in a licence not being granted. As a result the Sub-Committee noted that its decision was finely balanced in finding that the driver remained a fit and proper person to hold a licence.
In reaching its decision, ... view the full minutes text for item 43.