Agenda and minutes

Licensing Sub-Committee - Wednesday, 26th January, 2022 10.00 am

Venue: Council Chamber - Council Offices. View directions

Contact: Emma Denny  Email: emma.denny@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.

4.

Application for a variation to a Premises Licence - Dormy House Hotel, Cromer Road, West Runton, Norfolk, NR27 9QA pdf icon PDF 478 KB

Summary:

This is an application for a variation to a Premises Licence

Conclusions:

That Members consider and determine the case from the written and oral information provided.

Recommendations:

That Members consider and determine this case

 

 

Cllr P Butikofer – Chairman Licensing Committee

Ward(s) affected: West Runton

Contact Officer, telephone number, and e?mail:

 

Tracy Howard

01263 516139

tracy.howard@north-norfolk.gov.uk

 

Additional documents:

Minutes:

Item withdrawn before meeting.

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.”

6.

(WK/210014927) - 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 complaints have been received which merit 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

 

 

Additional documents:

Minutes:

Present: Licence Holder and their Partner.

 

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 Private Hire Operator’s Licence and Private Hire Vehicle Licence.

 

In response to questions by Cllr N Lloyd, the Licensing Enforcement Officer advised that there was no time limit for information and evidence which may be presented to aid the local authority in determining the suitability of an individual to hold a taxi license.

 

The Licence Holder was invited by the Chairman to make his statement.  He commented that the 2013 complaint related to a malicious report from a previous partner, and that he was unable to confirm the accuracy of the 2016 complaint, however did not dispute the complaint due to a lack of evidence. The Licence Holder provided evidence to the Panel, attesting to his actions with relation to the 2021 complaint, including character references, photos of his diary and ledger book as well as a digital record of his movements, and asserted the 2021 complaint did not accurately reflect his daily taxi records.

 

The Licensing Enforcement Officer confirmed she had not had prior sight of any documents, statements of support or evidence supplied by the License Holder at the meeting. The Panel advised they would reflect on any new evidence when they retired to consider the matter in private.

 

Following questions from Cllr J Rest, the Licence Holder advised that he had not operated any other taxi in 2021, not had he worked for another organisation.

 

Cllr N Lloyd questioned if the 2021 had been an existing customer. The License Holder commented he first met the 2021 complainant sometime after the complaint was alleged to have taken place, which could be corroborated with his daily taxi record. He advised that he had been interviewed by the police regarding the allegation, and that there had been no further investigation or action. The Licensing Enforcement Officer advised she was unaware that no further action had been taken.

 

The Chairman asked the Licensing Enforcement Officer as to the condition of the License Holders records, who responded that the License Holders records were neat and well-maintained, and noted the inconsistencies between the 2021 Complaint and the License Holders diary.

 

The Chairman asked the License Holder about the 2013 complaint. The License Holder commented that the complaint related to an ex-partner and that he had met with the Council at the time to discuss the matter, which had not called to a meeting of the Licensing Sub-Committee.

 

Cllr J Rest asked the License Holder whether he had surveillance equipment in and or on his taxi. The License Holder advised he did not have any, but that he would be willing to put CCTV equipment in the vehicle, noting the vulnerability of taxi drivers to be able to verify their version of events.

 

The Panel retired at 12.00pm and  ...  view the full minutes text for item 6.

7.

(WK/210014393) - 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 Butikofer

All

Contact Officer, telephone number, and e?mail:

 

Lara Clare

01263 516252

lara.clare@north-norfolk.gov.uk

 

Additional documents:

Minutes:

Present: License Applicant, their Legal Representative (LALR) and two witnesses.

 

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. It was agreed with the Panel to permit the individual witnesses to make their representations at the hearing in turn, and that they would be invited into the meeting for this purpose only.

 

The Licensing Enforcement Officer presented the report, which related to an application for a ‘License to Drive Hackney Carriage or Private Hire Vehicle’s in North Norfolk’. She detailed the application received on 21st October 2021 and the process required the Council to consult with other relevant authorities. A Disclosure Barring Service report had subsequently been received in respect of the Applicant, which contained details about the Applicant which merited further consideration. It was noted that this was the second application for a license made by the Applicant, having previously been refused by the Licensing Sub-Committee in May 2020.

 

The LALR, on behalf of the Applicant, made a representation to the Panel. He referred to his client’s previous application and subsequent refusal, and advised that character reference statements and representations from two independent persons were available for the Panel to aid with their assessment whether the Applicant was a fit and proper person to hold a license, which were not available at the previously held Sub-Committee hearing in May 2020. The LALR commented on the historic nature of the offending and that his client had reformed his character and behaviour. He added, that through his client’s second application for a taxi license he had demonstrated a real commitment to the occupation. 

 

At the discretion of the Chairman, the LALR asked his client a series of questions relating to the background to his convictions which had occurred when he was a minor. The Applicant explained the difficult circumstances that occurred before he was 20 years old which had resulted in him fitting in with the wrong crowd and led to a series of offences. He outlined the changes which had enabled him to turn his life around for the better including having a stable family life. He explained that an injury had left him unable to continue in his previous employment and now wanted a job that did not put too much strain on his body. He stated he enjoyed driving and was a good and component driver and would like the opportunity to make a living out of this.

 

Cllr J Rest asked a series of questions to the Applicant relating to his medical condition, employment status, and whether he had an offer of employment if granted a License. The Applicant advised his medical condition did not restrict him from driving and that both the DVLA and his insurance provider were aware of his medical condition. He commented that he was currently self-employed, and that he had a verbal offer of employment from a taxi operator should he be successful in obtaining  ...  view the full minutes text for item 7.