Agenda and minutes

Licensing Sub-Committee - Wednesday, 5th June, 2019 1.30 pm

Venue: Council Chamber - Council Offices. View directions

Contact: Linda Yarham 

Items
No. Item

1.

CHAIRMAN FOR THE MEETING

To appoint a Chairman for the meeting.

Minutes:

RESOLVED

 

To appoint Councillor Mrs P Grove-Jones as Chairman of the meeting.

 

2.

TO RECEIVE APOLOGIES FOR ABSENCE

Minutes:

None.

3.

ITEMS OF URGENT BUSINESS

To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972.

Minutes:

None.

4.

DECLARATIONS OF INTEREST

Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda.  The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest.

Minutes:

Councillor N Housden declared that one of the cases related to his Ward.

 

5.

EXCLUSION OF PRESS AND PUBLIC

To pass the following resolution:

 

“That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A (as amended) to the Act.”

Minutes:

RESOLVED

 

That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A (as amended) to the Act.

 

6.

(WK/190007885) - Complaint received regarding Private Hire Operator and Driver in North Norfolk

Summary:

This report relates to a complaint received about an NNDC licenced driver which merits further consideration as to the continuing of being a ‘fit and proper’ person to hold licences (drivers and operators) in North Norfolk.

Conclusions:

Members may wish to go into Private session to hear fully from the applicant and consider this matter in confidence. 

Recommendations:

That Members consider and determine this application.

 

 

Chairman of the Licensing Committee

Councillor P Bütikofer

All

Contact Officer, telephone number, and e?mail:

 

Lara Clare

lara.clare@north-norfolk.gov.uk

01263 516252

 

 

Minutes:

Present: Licence Holder

 

The Panel Members and Officers introduced themselves.

 

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting.

 

The Public Protection Manager presented the report, which related to a complaint which had been received concerning an NNDC licenced driver which merited further consideration as to whether or not he remained a fit and proper person to hold licences (drivers and operators) in North Norfolk.   She stated that the Licence Holder had been requested to outline his booking procedure.  She outlined the main points and options for determination.

 

There were no questions relating to the report.

 

The Chairman invited to Licence Holder to put his case.  He explained that his vehicle had a punctured tyre but he had contacted the person who had made the booking in question and completed the booking as soon as he was able to.

 

A copy of an email which had been received from the complainant was circulated to the Panel and the Licence Holder.

 

The Sub-Committee questioned the Licence Holder as to his view of the nature of the complaint and whether or not he had contingency plans in place.  Councillor Housden asked if the Licence Holder kept a log.

 

The Licence Holder considered that the complaint was malicious and said there had been previous issues with someone trying to get back at him.  He said that he always made sure he was never late for appointments and always turned up, and that he loved his job.  He had other companies he could ring but did not call them quickly enough when he had the puncture.

 

The Chairman invited closing statements.

 

The Public Protection Manager referred the Sub-Committee to matters contained in the report.

 

The Licence Holder reiterated that he made sure he was on time and was helpful to his customers.

 

The Sub-Committee retired at 2.10 pm and returned at 2.40 pm.

 

The Chairman read the determination.  She advised the Licence Holder to keep a driver’s log.

 

RESOLVED

 

That no further action be taken.

 

7.

(WK/190001738) - Application for a Licence to Drive Hackney Carriage or Private Hire Vehicles in North Norfolk

Summary:

This report relates to an application for a taxi drivers licence where a Disclosure and Barring Service Report has been received which merits further consideration.

Conclusions:

Members may wish to go into Private session to hear fully from the applicant and consider this matter in confidence. 

Recommendations:

That Members consider and determine this application.

 

 

Chairman of the Licensing Committee

Councillor P Bütikofer

All

Contact Officer, telephone number, and e?mail:

 

Lara Clare

lara.clare@north-norfolk.gov.uk

01263 516252

 

 

Minutes:

Present: Applicant

 

The Panel Members and Officers introduced themselves.

 

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting.

 

The Public Protection Manager presented the report, which related to an application to drive hackney carriage or private hire vehicles where a Disclosure and Barring Service report merited further consideration.  She outlined the options for determination.

 

The Chairman invited questions to the Public Protection Manager.

 

The Applicant said that an allegation referred to by the Public Protection Manager was false and had been dropped by the Police.  No further investigations had been carried out in respect of the issue since then.  He considered that his licence had been taken away on the basis of those allegations.

 

The Public Protection Manager explained that the application had come before the Sub-Committee as there were issues which needed discussion and it was stated in the report that no further action had been taken in relation to the allegation referred to by the Applicant.  She referred to the ‘fit and proper’ test in determining applications for licences to drive taxis.

 

The Applicant reiterated that he was innocent and no action had been taken against him.  He stated that allegations were made all the time against taxi drivers.

 

The Applicant answered Members’ questions regarding his previous and prospective employment and the nature of his email correspondence with the Authority.

 

The Legal Advisor referred to the entries on the Applicant’s DBS summary and sought clarification from the Applicant as to the allegation he was referring to.

 

The Applicant explained the nature of the allegation and stated that he was frustrated that this matter had been brought up again when there had been no court case.

 

The Chairman invited closing statements.

 

The Applicant did not wish to make a closing statement.

 

The Public Protection Manager referred to the information which had been presented to the Sub-Committee and the options available for determination. 

 

The Sub-Committee retired at 3.07 pm and returned at 3.53 pm.

 

The Chairman read the determination.

 

RESOLVED

 

That the applicant is not granted a licence to drive Hackney or Private Hire Vehicles in North Norfolk.