Agenda and minutes

RESOLVED - That Councillor Heather Liggett be appointed as Chair of this meeting of the General Licensing Sub-Committee.

Members are requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

There were no Declarations of Interest.

Members considered and approved the procedure for the meeting.

To consider any other matter which the chair of the Sub-Committee is of the opinion should be considered as a matter of urgency.

There were no matters of urgency.

The Chair to Move:-

“That the public be excluded from the meeting during the discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Paragraph 1, Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006)”. 

RESOLVED - That the public be excluded from the meeting during discussion of the following items of business to avoid the disclosure to them of exempt information as defined in Paragraph 1, Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006).

Report of the Licensing Team Leader

The Sub-Committee considered Report No LTL/O4/20-21 of the Licensing Team Leader in respect of ‘B’ Alfreton.  The purpose of the report was to decide whether ‘B’ was a fit and proper person to continue to hold a combined Hackney and Private Hire Vehicle Driver’s Licence with North East Derbyshire District Council. 

‘B’ was present at the meeting. They confirmed that they had received a copy of the report and the procedure to be followed at this virtual meeting of the Sub-Committee, held using Conference Call technology.

The Licensing Team Leader explained that following a routine Driver Vehicle Licensing Agency (DVLA) check carried out by Licensing Service officers, it was found that ‘B’ had exceeded the statutory speed limits on three occasions and had 9 penalty points endorsed on their DVLA Licence.

Members were reminded that the Council had a relevant convictions policy which provided that when someone had 9 points on their DVLA Driving Licence their suitability to hold a combined Hackney Carriage and Private Hire Driver’s Licence should be considered carefully. However, the accumulation of these points would not in itself be a prohibition to retaining their Hackney Carriage / Private Hire Vehicle Driver’s Licence with the Council.

The Sub-committee was informed that licence holders were required to notify the Council within seven days of any conviction for an offence or any fixed penalty imposed on them whilst their licence was in force. The Licensing Team Leader made clear that ‘B’ had not informed the Licensing Service of any of these offences.

The Sub-Committee noted that the Council’s Licensing Policy made clear that failure to report such offences should be considered a serious breach of the Council’s licence conditions.

In response to questions from Sub-Committee Members, ‘B’ explained that their failure to report the offences and imposition of penalty points had been due to an oversight on their part. They accepted that the information should have been provided to the Licensing Service and apologised to the Sub-Committee for not doing so.

At the end of the discussion ‘B’ and the Licensing Team Leader were requested to leave the meeting while the Sub-Committee considered its decision.

The Sub-Committee, having considered carefully all the written and oral evidence submitted to it, emphasised that ‘B’ should both understand and comply with the conditions of the combined Hackney Carriage and Private Licence which they held from the Council. Members concluded that appropriate action should be now taken to emphasise this.

RESOLVED -

(1)            That the Combined Hackney Carriage and Private Hire Licence held by ‘B’ be suspended for three weeks.

(2)      That ‘B’ be required to take and pass the policy & legislation section of the local knowledge test within 3 months.

‘B’ and the Licensing Team Leader were re-admitted to the meeting and advised of the above decision and their right to appeal against it to the Magistrates’ Court within 21 days of the receipt of the decision notice.

(Licensing Team Leader)

(Paragraph 1)

To consider any other matter which the Chair of the Sub-Committee is of the opinion should be considered as a matter of urgency.

There were no matters of urgency.