Agenda item

(a)       That in light of the evidence produced both in written form and orally at the meeting, the Committee agreed to grant the application for a Private Hire/Hackney Carriage (Joint Driver) Licence for a probationary period of 12 months; and

(b)       That the applicant, at his own expense, applies for a Criminal Records Bureau check prior to expiry of the 12 month probationary period.

LICENSING SUB COMMITTEE

19 JULY 2012

Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Thursday, 19 July, 2012.

PRESENT:

Councillor L.A. Sharps (Chairman)

Councillors D.L. Cox and A.I. Dunbar

OFFICERS OF FLINTSHIRE COUNTY COUNCIL

Solicitor (Mr. T. Dillon), Senior Licensing Officer and Committee Officer.

1.         APOLOGIES

                        None were received.

2.         DECLARATIONS OF INTEREST

None were received.  

3.         LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 - TO

CONSIDER THE EXCLUSION OF PRESS AND PUBLIC

RESOLVED

That the press and public be excluded from the meeting for the following item as it is considered to contain exempt information by virtue of paragraphs 12 and 13 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

4.         APPLICATION FOR A PRIVATE HIRE/HACKNEY CARRIAGE DRIVER’S LICENCE

            The Senior Licensing Officer introduced a report, the purpose of which was for Members to consider and determine an application for a Private Hire/Hackney Carriage (Joint) Driver’s Licence.  The report detailed the contents of the application (Appendix A) and also provided full details of all relevant convictions (Appendix B).

The Senior Licensing Officer advised that the application asks the applicant to disclose any occasion where the applicant has been convicted of any offences.  The applicant did not disclose any previous convictions, however, on receipt of his Criminal Records Bureau (CRB) Disclosure a number of convictions were disclosed dating from 1968 to 1991.  The applicant was asked to provide a written explanation of his offences which was provided and attached as Appendix C to the report. 

The application had been considered under delegated powers and it was decided to refer the application to the Sub Committee to decide whether the applicant was a fit and proper person to hold a Joint Driver’s Licence due to the nature and frequency of his convictions and his failure to disclose them.

The Chairman invited the applicant to comment and explain his convictions.  The applicant responded to questions from the Panel in relation to the offences and referred to the difficulties he had experienced during his youth in his personal and family circumstances.  He advised that he had a made an unintentional mistake in not disclosing his convictions and deeply regretted his past actions.  He also emphasised that he had a stable family life and there had been a significant length of time since his last offence.  The Chairman enquired as to the applicant’s employment prospects and the applicant responded that he was actively seeking work and had been offered an opportunity to commence employment with a local taxi company if his application was successful.     

            The Chairman asked the applicant if he had any further information to relate to the Panel and the applicant responded that he did not.  When the Chairman was satisfied that the Panel had asked the applicant and the Senior Licensing Officer all relevant questions he asked the applicant and the Officer to leave the meeting whilst the Sub Committee made their decision.   

5.         DECISION

The Senior Licensing Officer and the applicant were invited to return to the meeting.

The Sub-Committee considered the application including the written and oral representations and agreed that on the balance of probabilities, the applicant was a fit and proper person within the meaning of the Local Government (Miscellaneous Provisions) Act 1976, and decided to grant the application for a Private Hire/Hackney Carriage (Joint Driver) Licence subject to a 12 month probationary period.   The Panel requested that the applicant applied for a Criminal Records Bureau check prior to expiry of the 12 month probationary period at the applicant’s expense. 

RESOLVED:

(a)       That in light of the evidence produced both in written form and orally at the meeting, the Committee agreed to grant the application for a Private Hire/Hackney Carriage (Joint Driver) Licence for a probationary period of 12 months; and

(b)       That the applicant, at his own expense, applies for a Criminal Records Bureau check prior to expiry of the 12 month probationary period.

6.         DURATION OF MEETING

            The meeting commenced at 10.00am and ended at 10.35am.