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Agenda, decisions and minutes

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

Contact: Sharon Thomas 01352 702324  Email: sharon.b.thomas@flintshire.gov.uk

Items
No. Item

1.

Apologies

Minutes:

            None.

2.

Declarations of Interest (Including Whipping Declarations)

To receive any Declarations and advise Members accordingly.

Decision:

None.

Minutes:

None.

3.

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 item as this was 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 item as this was 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).

4.

Hearing and determination of the application

Minutes:

The Chairman welcomed the applicant and introduced the panel members.  He explained the procedure for the hearing including how the application would be determined.

5.

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 is a fit and proper person to hold a Private Hire/Hackney Carriage Driver’s Licence under the Local Government (Miscellaneous Provisions) Act 1976 and that he be granted to have such a Licence for 12 months, subject to a 6 month probationary period.  Any costs arising from the probationary period and/or Licence to be borne by the applicant.  Any arrests and/or charges and/or convictions or other sanction arising during the probationary period to be immediately disclosed to the Licensing Authority (notwithstanding any terms of the applicant’s licence) whereupon a fresh determination on whether the applicant and fit and proper to have such a licence will be considered.

Minutes:

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

 

In response to questions from the panel, the applicant provided clarification on the circumstances surrounding his previous conviction which had led to the sentences shown on the Police Disclosure & Barring Service (DBS) conviction sheet.  In particular, the panel raised concerns about the number of sentences imposed by the Police in comparison to the offence.

 

Following questioning by the Solicitor, the applicant provided further detail on the alcohol-related incident leading to his conviction, explaining that this was not part of a regular pattern of behaviour as alcohol did not feature heavily in his life.  He said that what happened at the time of the incident was not a regular occurrence.  He went on to describe his reaction to the Police Officers which had led to his arrest and said that he regretted his actions on this single incident and had taken learning from it.

 

The applicant responded to questions from the Chairman on the impact on his personal life which he was trying to rebuild.  When invited to make any further representations, he apologised to the panel for the hearing having to take place and expressed his hopes for a second chance.

 

When the Chairman was satisfied that all relevant questions had been raised, he asked that the applicant and the Licensing Team Leader leave the meeting to enable the panel to reach a decision.

 

5.1       Determination of the Application

 

In determining the application, the panel considered all the written and verbal representations and paid particular attention to the Council’s guidance on the treatment of convictions, specifically that in section 4.  During the determination, but before any decision was made, the Licensing Team Leader and applicant were invited back to clarify elements of the DBS conviction sheet.

 

In considering the information shown on the conviction record, the time which had lapsed and the applicant’s representations and regret at this single incident, the panel felt that - on balance - he was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver Licence.  Due to some reservations about the range of sentence imposed by the Magistrates’ Court, they agreed that the Licence would be granted for 12 months, subject to a six month probationary period.

 

The Licensing Team Leader and applicant were invited to return so that the meeting could be reconvened.

 

5.2       Decision

 

The Chairman advised that, having considered the representations made, the panel agreed that the applicant could be granted a Private Hire/Hackney Carriage Driver Licence for 12 months, subject to a six month probationary period.

 

The Solicitor advised that the applicant would be liable for any costs that may arise from the probationary period and/or Licence and that he would need to disclose any further arrests/convictions immediately and in any event as per the terms of his Licence.  The applicant was informed that, after the 12 months had lapsed, he would be free to  ...  view the full minutes text for item 5.

 

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