LICENSING AND REGULATORY SUB-COMMITTEE NO. 6

21^ST NOVEMBER 2006

Present:

Councillor W T Beard; Chair

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

In Attendance:

Mr R Stanley                         (for Minute No. 25 only)

Mr J Dolan                             (for Minute No. 25 only)

Mr R White                            (for Minute No. 26 only)

Miss R Allen                         Solicitor

Mrs C M Jones                     Democratic Services Committee Officer

Mr A C Lee                            Principal Licensing Officer

23               DECLARATIONS OF INTEREST

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

24        MINUTES

RESOLVED:  That the minutes of the meetings of Sub-Committee No. 6 held on 1^st August 2006 and 26^th September 2006 be approved as correct records.

25        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 Roy Stanley, an existing driver of Hackney Carriage and Private Hire vehicles, who had convictions for drink-driving offences. 

Mr Stanley had been convicted of a drink-driving offence on 18^th November 2005 and had been banned from driving for 16-months.  This had been reduced to 12-months following his completion of a drink-drive rehabilitation course.  His DVLA licence had been reinstated from 18^th November 2006.  He had also had two previous convictions for drink-driving offences.

Mr Stanley was in attendance throughout discussion of the item, and was accompanied by Mr J Dolan.

The Sub-Committee was asked to consider if it wished to take any action in respect of Mr Stanley’s licence on the grounds that his convictions rendered him unfit to hold the licence.

A letter from Mr Stanley, in support of his case, was read to the meeting and he spoke in support of his case.  Mr Dolan spoke in support of Mr Stanley’s case.

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

Mr Stanley, Mr Dolan, Ms Allen 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.

Following the Sub-Committee’s determination, all rejoined the meeting to be informed of the Sub-Committee’s decision.

RESOLVED:

(1)      That Roy Stanley’s Hackney Carriage and Private Hire Driver’s Licences be revoked, and,

(2)      That, on the grounds of public safety, the revocation should take immediate effect.

Mr Stanley was informed of his 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 5, 6, 7 and 8 which related to the effect of convictions. 

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

(c)               Mr Stanley’s letter together with oral evidence provided by him and Mr Dolan at the meting.

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

(Note: Mr Stanley and Mr Dolan withdrew from the meeting at this point in the proceedings.)

26        LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES

            (Note:  Mr R White joined the meeting at this point in the proceedings.)

The Sub-Committee considered the report of the Executive Director (Environment and Development) which provided details in respect of Robert Anthony White, a new applicant, who had been convicted of 5 sexual offences on the 22^nd May 1986.

Mr White was in attendance throughout discussion of the item.

The Sub-Committee was invited to consider if, in the light of the convictions, Mr White was a “fit and proper” person to hold a Hackney Carriage and Private Hire Driver’s Licence.

A letter from Mr White, was read to the meeting and he spoke in support of his application.

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

Mr White, Miss Allen and the representative of the press, withdrew from the meeting whilst the Sub-Committee reached its decision. 

Follow the Sub-Committee’s determination of the application, Mr White rejoined the meeting to be informed of the Sub-Committee’s decision.

RESOLVED:  That Robert White be refused a licence to drive Hackney Carriage and Private Hire vehicles.

Mr White was informed of his 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, Paragraph 11 relating to indecency and sexual offences.  It stated that “more than one conviction will generally preclude consideration of an application although individual circumstances of each case will be examined”.

(b)              The report of the Executive Director (Environment and Development).

(c)               Mr White’s letter together with oral evidence given at the meeting.

(2)     The Sub-Committee concluded that Mr White was not a “fit and proper” person to hold a Hackney Carriage and Private Hire Driver’s licence.

……………………………………….Chair