Agenda and minutes

Licensing Sub-Committee
Thursday, 24th January, 2019 10.00 am

Venue: Committee Room, Scarborough Town Hall, Scarborough

Contact: James Edward Mowbray, Electoral & Democratic Services Officer 

Items
No. Item

1.

Election of Chairman

To elect a Chairman for this meeting.

Minutes:

RESOLVED that Councillor Neil Price be elected Chairman of this meeting.

2.

Declarations of Interest pdf icon PDF 43 KB

Members are reminded of the need to consider whether they have a personal or prejudicial interest to declare in any of the items on this agenda.  If so, the nature of the interest must be declared at the start or as soon as the interest becomes apparent, of the meeting.  In addition, the attached form must be completed and passed to the Committee Administrator.  The Officers will be pleased to advise, if necessary, and any request for assistance should be made, in the first instance, to the Committee Administrator whose name appears at the end of this agenda.  Ideally, such advice should be sought before the day of the meeting so that time is available to consider any uncertainty that might arise.

Minutes:

There were no declarations of interest

 

3.

Exclusion of the Public

To consider the following motion:-

"whether under Section 100A(4) of the Local Government Act 1972, the public should be excluded from the meeting for the following item(s) of business on the ground(s) that it/they involve(s) the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act).  Any such decision is subject to a public interest test as provided by paragraph 10 of Schedule 12A of the Act.”

 

Minutes:

The Committee considered whether to go into Exempt Business as the matter related to an individual.  The Applicant was asked and confirmed that he was happy for the Sub Committee to continue as a public meeting.  The Committee determined not to go into exempt business

 

4.

Application for Grant of a Dual Driver's Licence - Bradley Easton pdf icon PDF 79 KB

To consider a report of the Environment & Regulation Manager (report no. 2019/09 attached).

This report seeks to inform the Licensing Sub-Committee of a referral by the Environment and Regulation Manager of an application for a Dual Driver’s Licence, and requests that the Licensing Sub-Committee determine whether or not to grant or refuse the application.

Additional documents:

Minutes:

The Licensing Sub-Committee considered a report by the Environment and Regulation Manager (report no. 2019/09), the Dual Driver Application and were presented with the Applicants DBS Certificate and DLVA record of the Applicant’s Driving License endorsements,

 

(i)            Oral representations received from Bradley Easton and Tony Randerson.

 

RESOLVED: That the Applicant is considered to be a ‘Fit and Proper’ person to hold a Dual Driver Licence.

 

Members Reasons: In coming to its decision, the sub-committee have considered the Scarborough Borough Council Taxi and Private Hire Policy 2017 in particular.

 

Fit and proper test

1.17 All applicants and existing licence holders must satisfy and demonstrate to the LA that they are fit and proper to hold a licence with this Authority. The LA aims to ensure that private hire and hackney carriage services delivered within the Borough of Scarborough are of a safe and excellent standard.

 

1.18 In assessing whether someone is fit and proper the LA shall take into account the following (this list is not exhaustive):

• Criminality (including driving related offences)

• Medical fitness

• Complaints and/or previous history

• Safeguarding issues

• Human Rights

 

1.19 Licensed vehicles are often used by people who are vulnerable, for example; the young, elderly, disabled, those who have consumed too much alcohol or are in an unfamiliar place or because the destination is remote and isolated. The fit and proper test is therefore vital in protecting the travelling public, enabling them to have confidence in the taxi and private hire trade.

 

1.20 All decisions regarding the fit and proper test are made using the civil standard of proof, being on the balance of probabilities, and not the criminal standard of ‘beyond all reasonable doubt’.

 

1.21 Where the LA considers that an applicant is not fit and proper then a licence shall not be granted. If there is any doubt as to whether an applicant is fit and proper

then the LA must not grant or renew a licence. Each case shall be treated on its own merits.

 

Appendix D ‘Principles When Considering Applications and Reviews of Existing Licences;

 

45. An isolated motoring offence may not necessarily prevent a person from being issued a licence. However a number of such offences of this nature may give serious cause for concern and consideration shall be given to the gravity and frequency of offences.  

 

Policy 1.13 Notwithstanding the existence of the Policy, each application or enforcement measure shall be considered on its own merits.  Where it is necessary for the LA to depart substantially from the Policy, clear and compelling reasons

 

The Sub Committee have read the report and additional papers supplied by the applicant and have listened carefully to what has been said to them by the Applicant and his representative.  The Sub Committee have considered the circumstances, as explained by the Applicant, of each of the three incidents when the Applicant was given penalty points for speeding offences.  The Sub Committee accepts what has been said by the Applicant, that the Penalties related  ...  view the full minutes text for item 4.