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Agenda, decisions and minutes

Venue: Delyn Committee Room, County Hall, Mold CH7 6NA

Contact: Maureen Potter 01352 702322  Email: maureen.potter@flintshire.gov.uk

Items
No. Item

1.

Declarations of Interest (Including Whipping Declarations)

To receive any Declarations and advise Members accordingly.

Minutes:

None were received.

 

2.

Local Government (Access to Information) Act 1985 - To consider the exclusion of the press and public

Decision:

RESOLVED:

 

That the press and public be excluded from the meeting for the following items as they were considered to contain exempt information by virtue of paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).           

 

 

Minutes:

RESOLVED:

 

That the press and public be excluded from the meeting for the following items as they were considered to contain exempt information by virtue of paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).           

 

3.

Application for a Private Hire / Hackney Carriage (Joint) Driver Licence

For Members to consider and determine an application for a Private Hire / Hackney Carriage (Joint) Driver Licence

Decision:

That the application be refused as the applicant was not considered to be a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver Licence under the Local Government (Miscellaneous Provisions) Act 1976.

Minutes:

The Licensing Team Leader presented the report to consider an application for a Private Hire/Hackney Carriage (Joint) Driver Licence, licensed by the Authority.

 

The Licensing Team Leader explained that the application asked for details of any occasion on which the applicant had been cautioned or convicted of any offences and the applicant had disclosed three driving offences.  However, on receipt of the applicant’s DVLA data a disqualification period of 18 months was recorded in relation to a dangerous driving offence and this disqualification period had not been disclosed by the applicant.

 

The Licensing Team Leader advised that the applicant’s enhanced disclosure and barring service criminal record check showed a conviction in March 2018 for possession of a controlled drug.  The applicant was asked to provide a written explanation of his conviction and this was appended to the report. 

 

Due to the nature of his convictions the applicant was invited to appear before the Licensing Sub Committee to determine whether he was a fit and proper person to hold a Joint Driver Licence. 

 

The Chairman invited the applicant to give a full explanation of his convictions as detailed on his DVLA report and Disclosure and Barring Service (DBS) criminal record disclosure. 

 

The applicant referred to his conviction for dangerous driving and explained that he had been the victim of identity theft.  He said he had not been driving the vehicle at the time the offence was committed and the  vehicle had been taken without his permission.  The applicant said this was one of the reasons why he had subsequently changed his name.  The applicant continued that he had not disclosed the information on his application form because he assumed, as he was not responsible for the offence, it was not shown on his records.  He said he was not aware it was on his records until his  arrest in September 2017 for a further offence. 

 

The applicant referred to the written explanation which was appended to the report to address his recent conviction for possession of a controlled drug.  He explained that he had admitted possession as the substance had been found in his van, however, it did not belong to him and was not for his  personal use.  The Solicitor questioned the applicant in detail around the circumstances in which  the substance had been found  and asked why the vehicle had been stopped and searched by North Wales Police.  The applicant provided background information and explained he had given a lift home to a friend in his van and therefore assumed that the substance   belonged to his friend and had been left in his van by mistake.  The applicant said he was tested for drug use at the time of the offence and the results had shown he had not taken drugs.   The Solicitor asked the applicant to explain why he had pleaded guilty to the offence if he understood the illegal substance had belonged to and been left in the van by his friend. 

 

The Chairman asked the applicant  ...  view the full minutes text for item 3.

 

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