Agenda item

Present: Licence Holder and Licence Holder’s mother

The Chairman introduced the Panel Members and Officers and explained the procedure for the meeting.

The Licensing Enforcement Officer presented the report, which related to the review of a Licence to drive Hackney Carriage or Private Hire Vehicles in North Norfolk where the Licence Holder had failed to supply a current DBS report.  The licence had been suspended pending receipt of the DBS.

Councillor H Blathwayt asked what “suspended” meant in this context.

The Licensing Enforcement Officer explained that the worksheet had been marked as “licence not live” on the Council’s database.  No action had been taken against the Licence Holder.

The Sub-Committee questioned the Licence Holder as to why he had not provided a DBS certificate.

The Licence Holder explained that his licence had expired while he was unwell and, with his permission, his employer had renewed his licence and taken the cost from his wages.  He had not been able to afford to renew the DBS.  He had been unable to drive due to his illness and had requested a refund of his licence fee, which had been refused.

The Licensing Enforcement Officer answered questions with regard to the process for obtaining a DBS certificate.   She also explained that although the Licence Holder had a current DBS certificate with another authority, he had not subscribed to the update service and therefore the DBS was not portable to NNDC.

The Chairman asked who had signed the application form for the licence renewal.  The hearing was briefly suspended to allow the Licensing Enforcement Officer to provide copies of the application form and supporting documentation.  The application form bore the Licence Holder’s signature.  The Licence Holder confirmed that his employer had completed the form and he had signed it.

Councillor N Lloyd asked if normal procedure had been followed in issuing a licence and how long the procedure had been in place.  The Licensing Enforcement Officer confirmed that the procedure had been followed and it had been in place since 2012.

The Legal Advisor asked what the Council’s policy was for retaining licences which were not used, and if the Council retained ownership of expired licences.  The Licensing Enforcement Officer explained that licences were held in a safe until they had expired or the appropriate documentation had been supplied.  It was stated on the licences that they remained the property of NNDC.

During the hearing, the Licence Holder and his mother made comments and expressed concerns in relation to the following matters:

·       The licence should not have been issued without a DBS certificate.

·       Why had the process taken so long when there was only a month’s grace period?

·       Without a DBS check there was no proof that the Licence Holder had not committed any offence(s).

·       If an initial application is declined, the applicant gets a refund.  The applicant had been told by his employer that he would be unlikely to get the licence but that he would get his money back.

·       He had done the right thing by not driving.

·       He did not want the licence as he was not going to drive a taxi.  He just wanted his money back.

·       He was not going to provide a DBS as he did not want the licence.

·       He was not giving the licence back until he had received a refund.  He had been told by a solicitor and by the Police that it was a civil matter and that nobody could take the licence from him.

·       The licence had expired while the Licence Holder was ill,  and he and his employer should have been aware of it.  However, an application had been submitted as soon as he realised it had expired.

·       There were genuine circumstances as to why he had not applied for the DBS.

·       He denied that any appointments had been made with him regarding the DBS.

The Sub-Committee retired at 12.17 pm and returned at 12.43 pm.

The Chairman read the determination.  The Panel had only considered the taxi licence and could not discuss matters of a civil nature.  However, a further written response would be provided by the Council to address some of the concerns and claims made by the Licence Holder.

RESOLVED

That the licence be revoked.