LICENSING AND REGULATORY SUB-COMMITTEE NO. 7

24^th OCTOBER 2006

Present:

Councillor W S Davies; Chair

Councillors D N Bebbington, A Crawford, J Lewis, R Stafford and L T Wood

In Attendance:

Mr A P Lockett                     (For Minute No. 21only)

Mrs C M Jones                     Democratic Services Committee Officer

Mr A C Lee                           Principal Licensing Officer

17               DECLARATIONS OF INTEREST

Councillor R Stafford declared a personal interest in agenda item 5 on the basis that he was an acquaintance of Andrew Lockett.  No other Member made any declaration of interest in respect of any item on the agenda.

18        MINUTES OF THE MEETING HELD ON 29^TH AUGUST 2006

RESOLVED:  That the minutes of the meeting of Sub-Committee 7 held on 29^th August 2006 be approved as a correct record.

19        LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES

It was reported that Mr Colin Maydew, the subject of the report of the Executive Director (Environment and Development) had sent his apologies for absence.

Mr Maydew had failed to attend two previous Sub-Committee meetings.  At the second of those meetings (26^th September 2006), Members of Sub-Committee No. 6 had not been satisfied with the reasons given for his failure to attend and had suspended his licences pending his appearance before a Sub-Committee meeting.

There was no action for the Sub-Committee to take at this time.

20         LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES

It was reported that subsequent to issue of the agenda, further information had been revealed in respect of Mr Roy Stanley.  This information was pertinent to the Sub-Committee’s consideration of the report of the Executive Director (Environment and Development). The Legal Adviser reported that full information would be available at the next meeting (21^st November) and Mr Stanley would be in attendance on that occasion.

21        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 Andrew Peter Lockett, a new applicant, who had a conviction which would not become spent until 19^th October 2009.  Mr Lockett had been convicted on 19^th October 2004 of driving with excess alcohol contrary to the Road Traffic Act 1988 s.5(1)(A).  He had received a Community Punishment Order (100 hours), had paid costs of £20 and had been disqualified from driving for 24 months; his driving licence had been endorsed and he had received a referral order to complete an approved drink-drive rehabilitation course.

Mr Lockett, was in attendance throughout discussion of the item.

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

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

He was questioned by the Sub-Committee, by way of clarification, about the details surrounding the offence, following which, he withdrew from the meeting whilst the Sub-Committee reached its decision.  Before reaching a decision, Mr Lockett was invited to re-join the meeting whilst the Sub-Committee clarified one further issue.  Having clarified the matter, Mr Lockett again withdrew from the meeting.

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

RESOLVED:  That Andrew Peter Lockett be refused a licence to drive Hackney Carriage and Private Hire vehicles.

Mr Lockett 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 13 relating to motor convictions and convictions for offences involving alcohol. 

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

(c)      Mr Lockett’s letter together with oral evidence given at the meeting;

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

22        LICENCE FEES FOR 2007/2008

The report of the Executive Director (Environment and Development) proposed an increase in fees for certain of the licences which fell within the jurisdiction of the Licensing and Regulatory Committee.

Table A detailed proposed increases for Hackney Carriage, Private Hire vehicle and Private Hire operator licences.

Table B detailed proposed increases for driver (joint Hackney & Private Hire), sex shop grant, sex shop renewal and motor salvage operator licences.

RESOLVED:

(a) That notice be given of the proposed increase in licence fees for Hackney Carriage and Private Hire vehicle and operator licences shown in Table A of the report and that, subject to there being no objections received, the revised fees be brought into effect from 1^st April 2007; and

(b) That licence fees for Hackney Carriage and Private Hire drivers, sex establishments (excluding motor vehicle salvage operators licences) be increased as shown in Table B, and brought into effect from 1^st April 2007; and

(c) That the licence fee for motor salvage operators be increased to £60 and be brought into effect from 1^st April 2007.  

……………………………………….Chair