LICENSING AND REGULATORY SUB-COMMITTEE NO. 6

       5^TH JUNE 2007

Present:    Councillor W T Beard; Chair
Councillors J A Beech, W S Davies, R E Dodd, R W Parker, M Roberts and R Salmon

In attendance:     Mr M Bradshaw      )

                            Mrs Bradshaw        )           Minute No. 6 only

                            Mr D Cooke            )

                            Mr M Erden            )           Minute No. 7 only

                            Mrs Erden              )

                           Mr C Arrowsmith      )           Minute No. 11 only

Advisory Officers: 

                  Ms R Allen                Assistant Solicitor (for Minute No. 6 only)

                  Mrs C M Jones         Democratic Services Committee Officer

                  Mr A C Lee                Principal Licensing Officer

4          DECLARATIONS OF INTEREST

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

5          MINUTES OF MEETING HELD ON 13^TH MARCH 2007

RESOLVED:  That the minutes of the meeting of Sub-Committee No. 6 held on 13^th March 2007 be approved as a correct record.

6          APPLICATION FOR LICENCE TO DRIVE HACKNEY CARRIAGE AND

            PRIVATE HIRE VEHICLES

(Note:  Mr Lee was not in attendance for this item.)

The Sub-Committee considered the report of the Executive Director (Environment and Development) which provided details in respect of Malcolm Richard Bradshaw, who had applied for a licence to drive Hackney Carriage and Private Hire vehicles.  He had been convicted of a number of offences involving fraud and violence.  Mr Bradshaw had appeared before the Regulatory Committee on 18^th September 2001 at which time his licence had been renewed for a probationary period of one year. 

On 26^th November 2001, Mr Bradshaw appeared before the Committee a second time following further convictions for a number of driving and motor-vehicle related offences.  At that time the Committee revoked his licence on the ground that he was not a “fit and proper” person to continue to hold the licences. Mr Bradshaw had exercised his right of appeal to the Magistrates Court;  the Magistrates Court upheld the decision of the Council to revoke his licence. 

Mr Bradshaw had now made an application to have his licence returned to him.

Mr Bradshaw was accompanied by his wife and Mr Darren Cooke of Westside Taxis. All were in attendance throughout discussion of the application.

A letter in support of Mr Bradshaw’s application was read to the meeting.  Letters of support from Mr Albert Edgeley and Mr Cook were also read to the meeting.  The Sub-Committee also considered a conviction for speeding which Mr Bradshaw had received in September 2006 together with a witness statement made by Mr A C Lee (the Sub-Committee’s Legal Adviser), and comments from Mr Lee which was a response to the written communications submitted by and on behalf of the applicant. 

Mr Bradshaw  and Mr Cooke spoke in support of the application.

Mr Bradshaw was questioned by Sub-Committee Members, by way of clarification, about the details surrounding his convictions.

Mr and Mrs Bradshaw and Mr Cooke withdrew from the meeting whilst the Sub-Committee reached its decision.  The Committee Officer and the Assistant Solicitor remained in the meeting.

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

RESOLVED:

That Malcolm Richard Bradshaw’s application to drive Hackney Carriage and Private Hire vehicles be refused on the grounds that he was not a “fit and proper” person to hold the licences

Reasons for the Decision:

(1)          The Sub-Committee took into account –

(a)          The Council’s Statement of Policy about Relevant Convictions, in particular, Paragraphs 9, 12 and 13 which related to the effect of convictions. 

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

(c)          Mr Bradshaw’s letter, together with letters of support read at the meeting and oral evidence provided by him and his witness at the meeting.

(2)          The Sub-Committee was satisfied that Mr Bradshaw was not a “fit and proper person” to hold the licences.

(Note:  Mr and Mrs Bradshaw and Mr Cooke, together with Ms R Allen, withdrew from the meeting at this point in the proceedings.)

(Note:  Mr A C Lee joined the meeting at this point in the proceedings.)

7          APPLICATION FOR LICENCE TO DRIVE HACKNEY CARRIAGE

            AND PRIVATE HIRE VEHICLES

(Note:  Mr M Erden and Mrs Erden 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 Mustafa Erden, a new applicant for a licence to drive Hackney Carriage and Private Hire vehicles.  Mr Erden had been convicted of an offence of driving with excess alcohol on 10^th May 2002.  He had been fined and disqualified from driving for 18-months and had attended an approved drink-drive rehabilitation course.

Mr and Mrs Erden, who were accompanied by their daughter, were in attendance throughout discussion of the application.

A letter in support of Mr Erden’s application was read to the meeting. 

Mr Erden was questioned by Sub-Committee Members, by way of clarification, about the details surrounding his conviction.

Mr and Mrs Erden and their daughter 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:

That Mustafa Erden be granted a licence to 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.

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

(c)      Mr Erden’s letter, together with oral evidence provided by him at the meeting.

(2)      The Sub-Committee was satisfied that Mr Erden was a “fit and proper           person” to hold the licences.

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

8          TAXI RANK – PEDLEY STREET, CREWE - OBJECTIONS

At its meeting held on 13^th March 2007, the Sub-Committee resolved to appoint a taxi stand in Pedley Street, Crewe.  Statutory notice had been given and one letter of objection had been received.

The report of the Executive Director (Environment and Development) gave details of the objection.

RESOLVED:  (a) That the objection be not sustained; and

(b) That the matter be referred to the Highways and Transportation Local Joint Committee.

9          TAXI RANK, NANTWICH – EXTENSION OF HOURS OF OPERATION OF

            HACKNEY CARRIAGE STAND, SWINEMARKET, NANTWICH

The report of the Executive Director (Environment and Development) gave details of a proposal by Crewe and Nantwich Taxi Association to provide taxi rank facilities for day-time use in Nantwich town centre. 

There were currently three taxi ranks in Nantwich which operated as follows –

¨    Swinemarket: evenings from 10.00pm until 6.00 am the following morning

¨    Beam Street: (bus station); evenings from 10.00 pm until 6.00 am the following morning

¨    Bowers Row: 24 hours but in practice, owing to its location, used only when Gregory’s Night Club closed.

RESOLVED: That the hours of operation of the stand for six Hackney Carriages appointed on the West side of Swinemarket, Nantwich be extended to 24-hours each day of the week.

10        EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)(4) of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act.

11        APPLICATION FOR LICENCE TO DRIVE HACKNEY CARRIAGE AND   PRIVATE HIRE VEHICLES

(Note:  Mr C Arrowsmith joined the meeting at this point in the proceedings.)

The report of the Executive Director (Environment and Development) gave details of an application for the grant of a licence to drive Hackney Carriage and Private Hire vehicles where the disclosure from the Criminal Records Bureau showed “approved information” provided by the Police.

The Sub-Committee was invited to determine whether the applicant is a “fit and proper” person to hold the licences.

RESOLVED:  That Carl Arrowsmith be granted a licence to drive Hackney Carriage and Private Hire vehicles.

Reasons for the Decision:

(1)       The Sub-Committee took into account –

(a)       The report of the Executive Director (Environment and Development)

(b)       Oral evidence given by Mr Arrowsmith at the meeting

(2)       The Sub-Committee concluded that he was a “fit and proper” person to hold the licences.

…………………………………….Chair