Agenda and minutes

An apology for absence was received from Councillor Phil Larratt.

(Copy to follow)

The minutes of the meeting held on 10 December 2019 were signed by the Chair as a true and accurate record.

There were none.

Councillor Haque declared a personal interest in respect of item 7 by reason of knowing the applicant. He advised that he would leave the room whilst these items were discussed.

There were none.

The Chair to Move:

“that the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100I of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such act.”

The Chair moved that the Public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100I of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was carried and the public and press were excluded on the basis that information relating to an individual and information which was likely to identify an individual.

The applicant advised that he had brought a Councillor to represent him. The Councillor advised that she had known the applicant for 18-19 years as a friend, teacher and community activist. She went on to give him a character reference.

The Senior Licensing Enforcement Officer outlined the circumstances as set out in the report. He explained that the applicant had previously held a Private hire Driver’s Licence and on 27 June 2019 had submitted a new Private Hire Driver application. As part of the application process, he was required to declare any previous criminal convictions. Following the submission of a DBS certificate a Common Law Police Disclosure to address a “pressing social need” was received (21 April 2017). Due to the nature of the Common Law Police Disclosure, the applicant was informed that his application would be referred to the Licensing Committee.

The Applicant addressed the Licensing Committee and advised that the complainant who alleged the complaint was his wife’s younger sister.  He does not have a good relationship with his wife’s family.  He added that his wife’s sister had escaped from the home, the family had looked for her; a week later the Applicant had been arrested; he felt that complainant was being given guidance.

The Committee asked questions of the applicant and heard:

·         The complainant was around 13-14 years old

·         The complainant is the half- sister of the Applicant’s wife, she did not live at the home of the Applicant and had never stayed there. She had been staying at his wife’s sister’s house

·         The Applicant commended that it was `a drama` and the complainant was trying to humiliate him

·         Since 2017 the Applicant has been working as a delivery driver and in a warehouse.

The Solicitor explained to Members their options and the relevant test to be applied; whether the applicant was deemed to be a “fit and proper person” to hold a licence as a Private Hire Driver and the relevant provisions of the Council’s policy on convictions and allegations.  He advised the Committee of case law “Leeds County Council V Hussein”

Members retired at 18:42 hours to make a decision.

The meeting reconvened at 18:55 hours.

RESOLVED:

The Committee had carefully considered the information in the report, the representations made by and on behalf of the applicant at the hearing, the responses to the questions asked of him, the character reference received.

The Committee made the following findings:

A.   The information suggests a serious offence or offences were committed.  It is alleged that they were committed by the Applicant.

B.   They note that he has not been charged with or convicted of any offences.

C.   They also note that there is an e-mail in the bundle of documents in which the police state that; ‘no cogent allegation of wrongdoing was asserted against the Applicant in the investigation’.  The Committee is concerned as to what information the police do hold in relation to this matter. 

D.   The Committee is not satisfied that it currently  ...  view the full minutes text for item 7.

The applicant advised that he had brought a friend to accompany him but not to represent him.  

The Senior Licensing Enforcement Officer outlined the circumstances as set out in the report. He explained that the applicant had first been issued with a Private hire Driver’s Licence on 30 January 2019. On 9 November 2019 Northampton Borough Council’s Licensing Department undertook a multi-agency check alongside the DVLA and Northamptonshire Police.  The Applicant was pulled over by the Police and at first he ignored them. The officers sounded their vehicle horn and eventually attracted the Applicant’s attention.  He then drove to the check site, the officers following close behind.  The officers noted that the Applicant was driving without his headlights on and he drove most of the journey at approximately 20 mph, causing traffic disruption. A Police Officer provided an account of the journey and reported the Applicant for driving without due car and attention. The Applicant’s vehicle was examined by DVLA staff and was deemed to comply with the Construction and use Regulations however, during the licensing inspection it was noticed that the Applicant was not displaying the vehicle plate securely to the rear of the vehicle.  A written caution was issued for this offence. The Applicant was asked to provide his private hire drivers badge whilst his documentation was being checked.  He responded by saying that he did not have his badge with him.  The Licensing Officer then explained to the Applicant that the vehicle licence would have to be suspended as he could not demonstrate to officers and passengers that he was a licensed private hire driver.  The Applicant then provided a copy of his private hire driver’s badge.  The Applicant was informed that he would be reported for providing a false identification document.  The Applicant’s vehicle licence was suspended for not providing a legitimate private hire drivers badge.   The Applicant has not been brought to the attention of the Licensing Department prior to this incident.

Due to the nature of the offences, the Applicant was informed that his application would be referred to the Licensing Committee.

The Applicant explained that on the night in question he was sleeping in his car.  He had been sleeping as he had been working since around 3.00 p.m.  He heard a car horn and realised it was the police when he woke up.  As he had been sleeping he was tired and did not put the headlights on, but he did when the police told him to.  It was dark, so he drove slowly to be safe.  He saw the light from the driving lights so thought the headlights were on.  On the night he signed the police report but he only did it to get rid of them.  He had to pay a £90.00 fee and attend a 3 hour road safety course.   He had made a copy of his badge since his car had been broken into 3 times.  Other documents had been taken from his vehicle, such as  ...  view the full minutes text for item 8.

Consideration of Agenda Item 9 was deferred to the next meeting of the Taxi and General Licensing Committee.