Agenda and minutes

Licensing Committee
Friday, 1st February, 2019 9.35 am

Venue: Newton Room, The Guildhall Arts Centre, St Peter's Hill, Grantham NG31 6PZ

Contact: Lucy Bonshor 

Items
No. Item

65.

Apologies

66.

Disclosure of interests

67.

Minutes of the meeting held on 7 September 2018 pdf icon PDF 191 KB

EXCLUSION OF THE PUBLIC

It was anticipated that, in accordance with Section 100A (4) of the Local Government Act 1972 (as amended) the public may be excluded from the meeting during consideration of the following item of business because of the likelihood that otherwise exempt information, as described in paragraphs 1 and 2 of the Act (as amended) would be disclosed to the public.

68.

Application to Renew a Hackney Carriage Driver's Licence

    Report CSL161 from the Licensing Officer Commercial and Operational Services.

    Additional documents:

    Minutes:

    Decision:

     

    To refuse to issue a licence to drive a hackney carriage on the grounds that the applicant is not a fit and proper person to hold such a licence under section 59 (1) of the Local Government (Miscellaneous Provisions) Act 1976.

     

    The Legal Advisor introduced those present and confirmed the name of the applicant.  The applicant informed the Committee that he had brought his friend with him and that he was able to speak and understand some English, but his first language was actually Polish.

     

    Members had been circulated with exempt report CSL161 which concerned an application to renew a hackney carriage driver’s licence.   The applicant had held a licence with the Authority since 2015. On the renewal application form the applicant had disclosed that he had committed an offence on 1 April 2018 and had been before Lincolnshire Magistrates Court, he also detailed the Courts ruling.  On 2 January 2019, the applicant submitted an enhanced Disclosure and Barring Service (DBS) certificate.  The certificate had been completed by the applicant for Lincolnshire County Council who request that hackney carriage drivers who conduct school contracts, on behalf of the County have a DBS application completed in addition to the requirements of the relevant licensing authority.   The DBS certificate showed the applicant had been convicted for serious offences on three separate occasions excluding the offence revealed on the statutory declaration submitted with his application. The Licensing Officer then read out the details of the sentencing for the offences committed.  The applicant was invited to attend a meeting with members of the Licensing Team to explain why he had not informed them of his convictions as required by South Kesteven’s Hackney Carriage and Private Hire Licensing Policy (SK, HC and PH).  The Licensing Team should have been notified within seven days of the convictions and certainly before the application was submitted for renewal in December 2018.  He indicated that his solicitor had advised him that there was no reason to notify the Licensing Team as it would not affect his licence.  The Licensing Officer had stressed that this was not the case and that the applicant should be aware of the content of the Licensing Policy, if he had any questions he should contact the Licensing Team for guidance.  The applicant gave the Licensing Officer the background to receiving the convictions.   It was noted that as per the SK, HC and PH Licensing Policy, hackney carriage and private hire drivers were exempt from the Rehabilitation of Offenders Act 1974, therefore all convictions whether spent or not could be considered as to whether they are relevant in respect of any proceedings held in respect of an application for the grant, renewal or cancellation of a licence to be a hackney carriage or private hire vehicle driver.    Also Section 8 stated at 8.1 As hackney carriage and private hire drivers have close contact with the general public, a serious view shall be taken with applicants who have a conviction for grievous bodily harm, wounding  ...  view the full minutes text for item 68.

69.

Close of meeting