Agenda, decisions and minutes

Licensing Sub-Committee
Thursday, 17th January, 2019 2.00 pm

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.

Decision:

None were received.

Minutes:

None were received.

2.

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

Decision:

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 Chair welcomed the applicant and introduced the Members of the Sub-Committee and the Council officers.    The Chairman asked the applicant if he wished the hearing to be deferred so that he could be assisted with the services of an interpreter.  The applicant said he did not require an interpreter and confirmed he was able to hear and understand the proceedings.  The Chairman explained the procedure for the hearing, including how the application would be determined.

 

3.         APPLICATION FOR A PRIVATE HIRE / HACKNEY CARRIAGE (JOINT) DRIVER LICENCE 

 

                        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 had asked for details of any previous convictions, however, the applicant had not completed this section of the application form.  On receipt of the applicant’s Disclosure and Barring Service (DBS) enhanced criminal records disclosure a conviction for battery was shown.  Details of the conviction were appended to the report.  The applicant was asked to provide written explanation of the conviction and also his failure to complete section 5 of the application form.  The applicant’s response was  attached as appendix C to the report.  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 previous conviction as detailed on the Disclosure and Barring Service (DBS) enhanced criminal records disclosure. 

 

The applicant referred to his written explanation to address his conviction and provided background information of how the offence had been committed.  He responded to the questions raised concerning how long he had lived in the United Kingdom, his personal and family circumstances, and his employment background.  

 

The Solicitor questioned the applicant in detail concerning his conviction for battery and failure to disclose it on section 5 of the application form.  The applicant said he was ashamed of his offence but did not believe he was guilty and explained it was out of character and had occurred at a time during a domestic dispute.  He reiterated the circumstances which had provoked it and said despite the conviction he continued to have a stable family life.  The applicant explained that he had made a mistake in not providing details of his conviction on the form but held the view that he was not a criminal.  

 

Prior to further questioning the Solicitor asked the applicant if he fully understood the questions being raised and the proceedings of the hearing and if he required the services of an interpreter.  The applicant responded that he could hear and understand and confirmed that he did not require assistance from an interpreter.

 

The Solicitor questioned the applicant regarding section 7 of the application form which asked for references and asked why he had not provided details of his last employer as a referee.  The Solicitor also referred to section  ...  view the full minutes text for item 3.

4.

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 applicant was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver Licence under the Local Government (Miscellaneous Provisions) Act 1976 and that the Licence be granted.

Minutes:

HEARING TWO

 

PRESENT: Councillor Tony Sharps (Chairman)

Councillors: David Cox and Mike Reece

 

OFFICERS OF FLINTSHIRE COUNTY COUNCIL:

Solicitor, Licensing Team Leader, and Committee Officer

 

Applicant

 

 

Prior to the start of the meeting the Licensing Team Leader explained that the applicant had asked that his current employer be present at the meeting.  The applicant confirmed that he wished his employer to be present during the hearing and asked that he be allowed to speak on his behalf if necessary.

 

The Chair welcomed the applicant and the Interested Party and introduced the Members of the Sub-Committee and Council officers.  He explained the procedure for the hearing, including how the application would be determined.  

 

4.         APPLICATION FOR A PRIVATE HIRE / HACKNEY CARRIAGE (JOINT) DRIVER LICENCE 

 

                        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 had asked for details of any previous convictions, however, the applicant had not completed this section of the form.  On receipt of the applicant’s Disclosure and Barring Service (DBS) enhanced criminal records disclosure a conviction was shown.  Full details of the conviction was appended to the report.  The applicant was asked to provide a written explanation of the conviction and his failure to complete section 5 of the application and this was also appended to the report.  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 asked the applicant to explain the circumstances of his conviction as detailed in the report.  The applicant explained that he had arrived in the United Kingdom in 2005 and provided details of his personal circumstances at that time and his urgent need to find paid employment.  He said he had been provided with a registration card through a contact who dealt with these matters which had enabled him to find work.  However, following a visit and enquiries by immigration officials at his place of employment it had come to light that his registration card was illegal and he was subsequently  convicted of using an altered registration card with intent to deceive. 

 

                        The Solicitor questioned the applicant about his employment history and asked him to explain why he had  not disclosed his conviction on his application.  The applicant explained he had not known that the registration card was fake.  He said he had mistakenly thought that he did not need to declare his conviction as it had been committed in 2009 and he was also uncertain if it was relevant to his application in terms of a criminal offence.  The Solicitor sought further information from the applicant concerning how he had found employment following his conviction.  The applicant explained that whilst being imprisoned he had made an application, with assistance from immigration officials, for a new registration card which was later issued and this had enabled him to secure  ...  view the full minutes text for item 4.

 

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