Agenda and minutes

Licensing Sub-Committee - Monday, 24th May, 2021 10.00 am

Venue: Council Chamber - Council Offices. View directions

Contact: Linda Yarham  Email: linda.yarham@north-norfolk.gov.uk

Items
No. Item

1.

TO RECEIVE APOLOGIES FOR ABSENCE

Minutes:

None.

2.

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.

3.

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:

None.

 

It was noted that the Licence Holder’s representative was known to Members of the Sub-Committee.

4.

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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A (as amended) to the Act.

5.

(WK/210002362) - Review of a Licence to Drive Hackney Carriage or Private Hire Vehicles in North Norfolk

Summary:

This report relates to a review of 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 Butikofer

All

Contact Officer, telephone number, and e?mail:

Lara Clare

01263 516252

lara.clare@north-norfolk.gov.uk

 

Minutes:

Present: Mr S Heels, Chair of North Norfolk Taxi and Private Hire Association (representing the Licence Holder)

 

The Members of the Panel and Officers introduced themselves.

 

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

 

The Licensing Enforcement Officer presented the report, which related to a review of a licence to drive Hackney Carriage or Private Hire Vehicles in North Norfolk where the Licence Holder’s DBS check had revealed a Police caution.  The Licensing Authority had no record of having been notified of the caution by the Licence Holder.

 

The Licensing Enforcement Officer responded to questions by the Legal Advisor with regard to the date of the DBS, length of time the Licence Holder had held a taxi licence and the requirements for notifying the Council of a conviction.  She confirmed that no complaints had been received regarding the Licence Holder.

 

Mr Heels asked the Licensing Enforcement Officer to confirm that the Council had no record of the offence being reported but could not categorically confirm that the Licence Holder had not done so.

 

The Licensing Enforcement Officer stated that the Council had no record that the offence had been reported, and that she had checked the Licensing Team’s records and Post Room records.

 

The Chairman invited Mr Heels to present the Licence Holder’s case.

 

Mr Heels explained that the caution related to a 1m metal bar that had been spotted in the open boot of the Licence Holder’s car by a Police Officer at a time of high terror alert.  The Police Officer had not accepted the Licence Holder’s explanation that he carried the bar to assist with changing a wheel and had arrested him.  Mr Heels added that he carried a similar bar for that purpose, as did many taxi drivers, as it gave better leverage than the one supplied with the vehicle.

 

Mr Heels answered questions by the Sub-Committee and Licensing Enforcement Officer regarding the incident.

 

Mr Heels cited his own experience of applying for licences for his vehicles where the Council could find no record of one of the applications that he had submitted.  He stated that during discussions on the review of the Taxi Handbook and Policy, requests had been made for the Council to routinely acknowledge receipt of correspondence.

 

The Licensing Enforcement Officer explained how correspondence was handled and stated that an acknowledgement could be sent if an email address was provided.  The Chairman requested that Mr Heels feed back to the members of his Association.

 

Councillor Mrs Perry-Warnes asked if the Licence Holder had said that he had notified the Council of his caution, how such notification would be handled by the Council and how it would affect the renewal of a licence. 

 

Mr Heels explained that the Licence Holder was not computer literate and could not be certain that he had notified the Council of the caution. 

 

The Licensing Enforcement Officer explained that notifications would be recorded on the Licensing database and a subsequent renewal  ...  view the full minutes text for item 5.