Agenda and minutes

Licensing Committee
Tuesday, 23rd April, 2019 10.00 am

Venue: The River Room, Jubilee Church Life Centre, 1-5 London Road, Grantham NG31 6EY

Contact: Lucy Bonshor 

Items
No. Item

76.

Apologies

77.

Disclosure of interests

78.

Minutes of the meeting held on 5 April 2019 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.

 

 

79.

Hackney Carriage Driver referred to Committee

    Report CSL169 from the Licensing Officer.

    Additional documents:

    Minutes:

    Decision:

     

    To revoke the hackney carriage driver’s licence on the grounds that the applicant is not a fit and proper person to hold such a licence under section 61(1) (a)(b) of the Local Government (Miscellaneous Provisions) Act 1976.

     

    It was noted that although the applicant had been invited to attend the meeting he was not present.

     

    The Licensing Officer referred to exempt report CSL169 which concerned a hackney carriage driver who had accumulated 15 South Kesteven Penalty Points over a 12 month period. 

     

    South Kesteven District Council introduced a Penalty Point Scheme in 2012.  The aim of the penalty point scheme was to work in conjunction with other enforcement options. It provided a formalised, stepped enforcement plan. The purpose of the scheme was to record misdemeanours that act as a record of a driver’s behaviour and conduct to ascertain whether they are a fit and proper person. It does not prejudice the Authority’s ability to take other actions.

     

    The Licensing Officer informed the Committee that the driver had been before the Committee previously for them to decide whether to grant him a hackney carriage/private hire dual driver licence.

     

    The Licensing Officer then highlighted the driver’s history in chronological order, referring Members to the relevant appendices attached to the report which supported the content of the report.  The driver had been before the Committee in November 2016 at which the Committee gave him a strong warning and granted a licence for a year.  After the year and on condition that there were no problems with the applicant, then a licence would be issued for the remaining two years. The Licensing Officer highlighted the problems that had been encountered with trying to contact the driver and the fact that he had been out of the country for a period of time.  The Licensing Officer concluded with the present situation and confirmed that the reason the driver was before the committee was due to the number of South Kesteven District Council’s penalty points that had been issued, 15 within a 12 month period.   On his DVLA check code being processed in January this year, the check revealed that the driver had received endorsements for SP30 on two separate occasions during 2018 neither of which he had notified to the Licensing Team.  The Licensing Team had issued the driver with an offence 43 notice, failure to notify the Authority of any motoring convictions within seven days of the conviction. The notice was for 12 penalty points which when added to the points issued in May 2018 following the complaint received about the drivers driving on the pavement, gave the driver 15 penalty points.  The driver was notified that he would be referred to the Licensing Committee.

     

     

    The Licensing Officer read out the options available to the Committee which were:

     

    a)    To suspend the driver for a defined period of time.

    b)    To revoke the hackney carriage driver’s licence on the grounds that the applicant was not a fit and proper person to hold such  ...  view the full minutes text for item 79.

80.

Close of meeting