Agenda and minutes

None.

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.

None.

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.

None.

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.”

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.

Present:  Applicant (attending remotely)

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting.  She reminded the Sub-Committee that the hearing was being conducted remotely via Zoom and must be conducted fairly and reasonably in line with the applicant’s right to a fair trial under Article 6 of the Human Rights Act 1998.

The Members of the Panel introduced themselves. 

The Licensing Enforcement Officer presented the report, which related to an application to drive Hackney Carriage or Private Hire Vehicles in North Norfolk where there were matters on the Applicant’s DBS check which required consideration.  She drew attention to Section 8 of the application form (Offences and Accidents) to which the applicant had answered ‘no’, and to the DBS summary which outlined his convictions.  She stated that the driving offence shown on the Applicant’s DVLA check would be removed from his driving record on 9 May 2020.

The Applicant explained the background to his convictions, which had occurred when he was a minor, and said that he was a better person now.  He also explained how his driving offence had occurred and said that he had made a stupid mistake.

The Licensing Enforcement Officer confirmed that the Applicant’s convictions had all occurred when he was a youth.

The Applicant answered Members’ questions in respect of his driving and employment history. 

In response to questions as to why he had not declared his convictions on his application form, the Applicant explained that he had not read the question properly and thought it related to pending convictions.  He did not realise that the offences would appear on his DBS as he had been young when they happened.  He stated that he had explained everything when he had attended his interview with a Licensing Officer.

The Licensing Enforcement Officer pointed out that he had declared his driving offence on the application form.

There being no further questions, the Sub-Committee retired at 10.30 am to consider its decision.  The Applicant was informed that he would receive the decision notice in writing within 5 days but the Licensing Enforcement Officer would call him as soon as possible to let him know the decision.

RESOLVED

That the licence be granted.

Present:  Applicant (attending remotely)

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting.  She reminded the Sub-Committee that the hearing was being conducted remotely via Zoom and must be conducted fairly and reasonably in line with the applicant’s right to a fair trial under Article 6 of the Human Rights Act 1998.

The Members of the Panel introduced themselves.

The Licensing Enforcement Officer presented the report, which related to an application to drive Hackney Carriage or Private Hire Vehicles in North Norfolk where there were matters on the Applicant’s DBS check which required consideration.  She drew attention to Section 8 of the application form (Offences and Accidents) to which the applicant had answered ‘no’, and to the DBS summary which outlined his convictions.   She also drew attention to the Applicant’s medical report which indicated an ongoing medical condition, and stated that the Applicant’s Doctor had certified him as fit to drive.

The Applicant explained the background to his conviction, which had occurred 23 years previously.  He had not declared it on the application form as he had received a conditional discharge and did not realise that it was a proper conviction.

The Applicant answered Members’ questions relating to his conviction and medical condition, and explained why he wanted a licence to drive a taxi.

There being no further questions, the Sub-Committee retired at 11.00 am to consider its decision.  The Applicant was informed that he would receive the decision notice in writing within 5 days but the Licensing Enforcement Officer would call him as soon as possible to let him know the decision.

RESOLVED

That the licence be granted.

This hearing was chaired by Councillor J Rest due to issues with Councillor P Bütikofer’s remote link.

Present:  Applicant (attending remotely)

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting.  The Chairman explained that the Applicant would receive the decision notice in writing within 5 days but the Licensing Enforcement Officer would call him as soon as possible to let him know the decision.  Towards the end of explaining the procedure, the Legal Advisor had technical issues and exited the meeting.

The Chairman and Councillor Lloyd introduced themselves.  The Chairman informed the Applicant that Councillor Bütikofer was also in attendance but due to problems with the remote technology he was able to listen but not speak.  He assured the Applicant that he would get a full hearing.

The Licensing Enforcement Officer presented the report, which related to an application to drive Hackney Carriage or Private Hire Vehicles in North Norfolk where there were matters on the Applicant’s DBS check which required consideration.  She drew attention to Section 8 of the application form (Offences and Accidents) relating to convictions which had been ticked ‘yes’, the offences on the Applicant’s DBS summary and to two driving offences listed on his DVLA check.

The Applicant acknowledged that he had quite a few convictions but said that he had turned over a new leaf.  He had filled in the form in the way that he had as he was not sure if any of his convictions would prevent him from getting a licence to drive taxis.

The Legal Advisor re-joined the meeting.

The Chairman asked the Officers to explain why all the offences were relevant to this case.

The Licensing Enforcement Officer explained that the taxi driving profession was exempt from the Rehabilitation of Offenders Act 1974 and that all offences remained relevant, regardless of whether or not they were otherwise ‘spent’.  This was made clear in Section 14 of the application form.

The Chairman asked the Legal Advisor to clarify a matter of procedure which had been unclear due to problems with her remote link. 

The Legal Advisor reminded the Sub-Committee that the hearing was being conducted remotely via Zoom and must be conducted fairly and reasonably in line with the applicant’s right to a fair trial under Article 6 of the Human Rights Act 1998.

Councillor N Lloyd stated that one of the Sub-Committee’s responsibilities was to ensure the safety of the public.  He referred to the Applicant’s criminal record and asked him to explain what he had been doing in the period when his offending took place and any mitigation for that behaviour, and what he had done since his final conviction.

The Applicant explained his difficult background which had led to the offending.  He tried not to remember the difficult period and wanted to move forward and leave his past behind.  He outlined the jobs he had done since the last offence, and explained that an injury had left him unable to  ...  view the full minutes text for item 7.