Councillor W S Davies; Chair

Councillors T E Ankers, J A Beech, R E Dodd, B Evans, M Roberts and R Salmon

 

 

Mrs C M Jones              Democratic Services Committee Officer

Mr A C Lee                      Principal Licensing Officer

 

Mr N Bellamy                Licence Holder

Mr D Cooke                     Accompanying Mr Bellamy

 

Councillor J Lewis           Member of Sub-Committee No. 7

 

5            DECLARATIONS OF INTEREST

 

No Member made any declaration of interest in respect of any item on the agenda.

 

6            OUTCOME OF APPEAL NANTWICH CRICKET CLUB

 

Members received, for information, the report of the Borough Solicitor, detailing the outcome of the appeal by Nantwich Cricket Club against the decision of a Licensing Sub-Committee held on 28^th November 2005.  It was noted that the Club had appealed against Condition 6 which required door supervisors to be provided on all occasions when regulated entertainment was provided, which included music and dancing as part of a pre-arranged social function.

 

The Magistrates modified the condition and required the club to provide door supervisors on occasions when regulated entertainment included music and dancing taking place as part of 18^th, 19^th, 20^th or 21^st birthday celebrations.

 

7            LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES

 

The Sub-Committee considered the report of the Executive Director (Environment and Development) which provided details in respect of Neil Bellamy who had held a Hackney Carriage and Private Hire licence since July 2005. 

 

Licence-holders were obliged to reveal to the Council any convictions they may receive and any points on their driving licence. Mr Bellamy had informed the Council that he had been convicted of two offences of theft on 13^th January 2006 and had been sentenced to 17 months imprisonment for each offence. 

 

The offences had been committed in 2001 and 2003 when, on each occasion, he had stolen a sack of high value mail (totalling £89,000) during his employment with Royal Mail.  Under the Rehabilitation of Offenders Act 1974, the convictions would not become spent until 13^th January 2016.

 

Mr Bellamy, who was accompanied by Mr Cooke, was in attendance throughout the proceedings.

 

The Sub-Committee was invited to consider if, in the light of the convictions, Mr Bellamy was a "fit and proper" person to continue to hold a Hackney Carriage and Private Hire Licence.

 

A letter from Mr Bellamy, in support of his case, was read to the meeting.  Mr Bellamy spoke in support of his case and he provided a total of five character references.  Mr Cooke spoke in support of Mr Bellamy's case. 

 

Mr Bellamy was questioned by the Sub-Committee, by way of clarification, about the details surrounding the offences.

 

Mr Bellamy, Mr Cooke, Councillor J Lewis and the representative of the press   withdrew from the meeting whilst the Sub-Committee reached its decision.  The Committee Officer and the Legal Adviser remained in the meeting.

 

With the exception of Councillor J Lewis, all rejoined the meeting to be informed of the Sub-Committee's decision.

 

 

Mr Bellamy was informed of his right of appeal to the Magistrates' Court.

 

 

(1)               The Sub-Committee took into account

 

(a)               The Council's Statement of Policy about Relevant Convictions, in particular, Paragraphs 5, 7 and 8 and the section dealing with "Dishonesty".  Paragraph 7 stipulated that an applicant should have remained free of conviction for a minimum period of 3-5 years, before being considered suitable.  Paragraph 8 stated that whilst mitigating factors would be considered, only in exceptional circumstances would persons outside the guidelines be likely to be granted a licence;

(b)               The report of the Executive Director (Environment & Development);

(c)               Mr Bellamy's letter together with character reference letters tabled and mitigation offered at the meeting;

 

(2)   The Sub-Committee concluded that Mr Bellamy was not a "fit and proper" person to continue to hold a Hackney Carriage and Private Hire licence.

 

 

..............................................Chair