LICENSING AND REGULATORY COMMITTEE
27TH MAY 2008
Present:
Councillor W S Davies
(Chair)
Councillors
W T Beard, D N Bebbington, R E Dodd, B H Dykes,
J
Lewis, R W Parker, R Stafford, C Waling and L T Wood
Advisory Officers:
Ms
R
Allen
Solicitor
Mrs
C M Jones
Democratic Services Officer
1
APPOINTMENT OF SUB-COMMITTEES
The Committee was invited to appoint
the seven Standing Sub-Committees (Numbered 1 to 7). Sub-Committees
1 to 5 (3-Members) would be responsible for appeals in respect of
the Licensing Act 2003 and the Gambling Act 2005.
Sub-Committees 6 and 7 (8-Members) would consider personnel matters
and taxi licensing issues.
RESOLVED: That Sub-Committees 1 to 7 be appointed as
follows -
|
Sub-Committee 1:
|
Councillors Davies, Beech and
Salmon
Substitutes:
Councillors Ankers and Crawford
|
|
Sub-Committee 2:
|
Councillors Ankers, Crawford and
Waling
Substitutes:
Councillors Beard and Bebbington
|
|
Sub-Committee 3:
|
Councillors Beard, Bebbington and
Parker
Substitutes:
Councillors Dykes and Stafford
|
|
Sub-Committee 4:
|
Councillors Dykes, Lewis and
Stafford
Substitutes:
Councillors Dodd and Roberts
|
|
Sub-Committee 5:
|
Councillors Dodd, M Roberts and
Wood
Substitutes:
Councillors Beech and Salmon
|
|
Sub-Committee 6:
|
Councillors Bebbington, Crawford,
Davies, Dykes, Lewis, Parker, M Roberts and Stafford
|
|
Sub-Committee 7:
|
Councillors Ankers, Beard, Beech,
Davies, Dodd, Salmon, Waling and Wood
|
It was noted –
(a) That
substitutes performed a deputising function and would only be
called if a substantive Member was unable to attend on the day of
the meeting. There was no requirement for substitutes on the
8-Member Sub-Committees; and
(b) That
Sub-Committee No. 6 Members had all received full training on
employment matters and was, therefore, the only Sub-Committee which
could hear appeals on employment matters.
2
CHAIRS OF SUB-COMMITTEES
Each of the 3-Member Sub-Committees would
elect their own Chair at their first meetings. The
Committee was invited to elect a Chair for each of the
8-
Member Sub-Committees (Nos. 6 and 7).
RESOLVED: That Councillor W S Davies be elected
Chair of Sub-Committee No. 6 and Councillor W T Beard be elected
Chair of Sub-Committee No. 7.
3
DECLARATIONS OF INTEREST
No Member made any declaration of interest in any item of business
on the agenda.
4
DESIGNATION OF PUBLIC PLACES ORDERS
On 23rd October 2007, the Licensing
and Regulatory Committee approved the making of Designated Places
Orders in 19 wards in the borough, subject to public consultation.
The statutory consultation period ended on 27th December
2007 and a summary of responses received was summarised in a report
presented to the Committee on 19th February 2008.
On that occasion, the Committee resolved that
the first Alcohol Consumption in Designated Public
Places Order No. 1 of 2008 be made, to come into force on
2nd April 2008. A second Order
was approved for public consultation, to cover areas identified in
Appendix 2 of the report submitted to that meeting.
The period for objections had now expired.xThe
report of the Chief Executive was submitted and it was noted that
no objections had been received.
RESOLVED: That, in the absence of any consultation
responses received, a second Order be made in relation to the areas
already advertised under the Local Government (Alcohol Consumption
in Designated Public Places) Regulations 2007, as permitted under
the Criminal Justice and Police Act 2001, such Order to come into
force on 11th June 2008.
LICENSING AND REGULATORY SUB - COMMITTEE
27TH MAY 2008
Present:
(for whole or part of the
meeting)
Councillor W S Davies (Chair)
Councillors A Crawford, D N Bebbington, B H Dykes, J Lewis,
R W Parker and R Stafford
Advisory Officers:
Mrs C M Jones
Democratic Services Officer
Mr A C
Lee
Principal Licensing Officer
In attendance:
Miss M M
Riley (for
Minute No. 8)
Mr C Arrowsmith (for Minute No.
9)
Mr R
Davies
(for Minute No.10)
5
DECLARATIONS OF INTEREST
No Member made any
declaration of interest in respect of any item of business at this
point in the proceedings.
6
PRIVATE HIRE VEHICLE LICENSING POLICY
The Sub-Committee considered the report of the Strategic Manager
(Community) which gave details of the consultation exercise
undertaken with local traders in respect of a proposal to introduce
a revised Licensing Policy for Private Hire vehicles used
exclusively for executive limousine-type work.
RESOLVED: (a) That the revised policy and licensing
conditions for the licensing of private hire vehicles set out in
the report be approved and brought into effect forthwith; and
(b) That the posts of Principal Licensing Officer and Head of
Environmental Health be granted delegated authority to grant
private hire vehicle licenses subject to the special condition
number 14.
7
REVISED LICENSING POLICY – “PLYING FOR HIRE”
At its meeting on 11th March 2008, the Sub-Committee
approved, for the purposes of consultation, an addition to the
current policy (Statement of Policy About Relevant Convictions)
which made specific reference to those with convictions for
illegally plying for hire.
The Sub-Committee now considered the report of the Strategic
Manager (Community) which gave details of the consultation exercise
undertaken with licensed drivers on the proposal to introduce the
revised policy.
RESOLVED: That the revised Statement of Policy
About Relevant Convictions be approved and brought into immediate
effect.
8
LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES
(MISS M M RILEY)
The Sub-Committee considered the report of the Strategic Manager
(Community) which provided details in respect of Michelle Mary
Riley, the holder of a Hackney Carriage and Private Hire driver’s
licence since December 2006.
Miss Riley had been convicted on
28th March 2008 for offences of battery and criminal
damage. She had received a Community Order for 12-months with
an unpaid work requirement of 50 hours, together with costs of £200
and compensation of £50 for each of the two offences of
battery. She had also been made the subject of an
exclusion order for 12 months from the Grand Junction Public House
in Crewe, where the offences had occurred. In addition, she
had also received a caution for criminal damage on 21st
November 2007 for an offence committed on 24th September
2007.
The Sub-Committee was invited to consider if
any action should be taken in respect of Miss Riley’s licences on
the grounds that her convictions rendered her unfit to hold the
licence.
Miss Riley was in attendance throughout
discussion of her case.
A letter from Miss Riley was read to the
meeting and she also spoke in support of her case. She was
questioned by Members of the Sub-Committee and the Legal Adviser,
by way of clarification, about the details surrounding the
offences.
Miss Riley withdrew from the meeting whilst
the Sub-Committee reached its decision. The Committee Officer and
the Legal Adviser remained in the meeting. Following the
Sub-Committee’s determination, Miss Riley rejoined the meeting to
be informed of the Sub-Committee’s decision.
RESOLVED: That Michelle Mary Riley’s
licence to drive Hackney Carriage and Private Hire vehicles be
revoked.
The Legal Adviser informed Miss Riley of her
right of appeal to the Magistrates Court.
Reasons for the
Decision:
(1) The
Sub-Committee took into account –
(a) The
Council’s Statement of Policy about Relevant Convictions, in
particular, paragraphs relating to the effect of convictions and
that relating to offences of violence.
(b) The report
of the Strategic Manager (Community).
(c) Miss
Riley’s letter together with mitigation offered by her at the
meeting.
(2) The
Sub-Committee was satisfied that Miss Riley was not a “fit and
proper person” to continue to hold the licences.
9
LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES
(MR C ARROWSMITH)
(Note: At this point in the
proceedings, Councillor D N Bebbington declared a personal and
prejudicial interest in the item on the basis that he was an
acquaintance of the applicant. Having declared the interest,
Councillor Bebbington withdrew from the meeting.)
The Sub-Committee considered the report of the Strategic Manager
(Community) which provided details in respect of Carl
Arrowsmith, who had held a Hackney Carriage/Private Hire licence
since June 2007.
Mr Arrowsmith had received a conditional
Police caution on 12th March 2008 for theft. The
offence occurred between 2nd January and 3rd
February 2008 when Mr Arrowsmith used his ex-partner’s debit card
and PIN to withdraw cash. The conditions of the caution were
the repayment of the debt over a 16 week period and not commit any
further offences during the period.
The Sub-Committee was invited to consider if
any action should be taken in respect of Mr Arrowsmith’s licences
on the grounds that his Police caution rendered him unfit to hold
the licences.
Mr Arrowsmith was in attendance throughout
consideration of his case.
Mr Arrowsmith had not prepared a letter for
the Sub-Committee, but spoke in support of his case. He was
questioned by Members of the Sub-Committee, by way of
clarification, about the details surrounding the caution.
Mr Arrowsmith withdrew from the meeting
whilst the Sub-Committee reached its decision. The Committee
Officer and the Legal Adviser remained in the meeting.
Following the Sub-Committee’s determination,
Mr Arrowsmith rejoined the meeting to be informed of the
Sub-Committee’s decision.
RESOLVED: That no action be taken in
respect of Carl Arrowsmith’s licence to drive Hackney Carriage and
Private Hire vehicles.
Reasons for the
Decision:
(1) The
Sub-Committee took into account –
(a) The
Council’s Statement of Policy about Relevant Convictions, in
particular, paragraphs relating to the effect of convictions and
that relating to offences of dishonesty.
(b) The report
of the Strategic Manager (Community).
(c) Mr
Arrowsmith’s oral evidence at the meeting.
(3) The
Sub-Committee was satisfied that Mr Arrowsmith was a “fit and
proper person” to continue to hold the licences.
10
LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES
(MR R DAVIES)
(Note: Councillor Bebbington
re-joined the meeting at this point in the proceedings.)
The Sub-Committee considered the report of the Strategic Manager
(Community) which provided details in respect of Richard Davies
a new applicant for a licence to drive Hackney Carriage and Private
Hire vehicles.
The disclosure from the Criminal Records
Bureau had revealed that Mr Davies had convictions which were
relevant to his application for a licence. He had been
convicted on 28th July 2000 for fraudulent use of
vehicle excise licence (fined £100); exceeding 40 mph speed limit
(fined £80 and driving licence endorsed with 3 points); no
insurance (fined £200 with costs of £60 and disqualification for 6
months with driving licence endorsed with 7 points). On
2nd February 2001 Mr Davies had been convicted of
driving whilst under the influence of excess alcohol (fined £100
with costs of £50 and disqualification for 18 months) and using a
vehicle whilst uninsured (fined £150 and disqualified for 6
months).
The Sub-Committee was invited to consider
if, in the light of the convictions, Mr Davies was a “fit and
proper” person to hold the licences.
Mr Davies was in attendance throughout
consideration of his case.
A letter from Mr Davies was read to the
meeting, and he spoke in support of his application. He was
questioned by Members of the Sub-Committee and the Legal Adviser,
by way of clarification, about the details surrounding the
offences.
Mr Davies withdrew from the meeting whilst
the Sub-Committee reached its decision. The Committee Officer and
the Legal Adviser remained in the meeting.
Following the Sub-Committee’s determination,
Mr Davies rejoined the meeting to be informed of the
Sub-Committee’s decision.
RESOLVED: That Richard Davies’s
application for a licence to drive Hackney Carriage and Private
Hire vehicles be granted.
Reasons for the
Decision:
(1) The
Sub-Committee took into account –
(a) The
Council’s Statement of Policy about Relevant Convictions.
(b) The report
of the Strategic Manager (Community).
(c) Mr Davies’s
letter together with mitigation offered at the meeting.
(2) The
Sub-Committee was satisfied that Mr Davies was a “fit and proper
person” and should be granted a licence.
………………………………..Chair