Venue: Committee Room, Scarborough Town Hall, Scarborough
Contact: James Edward Mowbray, Electoral & Democratic Services Officer
Election of Chairman
To elect a Chairman for this meeting.
RESOLVED that Councilor Vanda Inman be elected Chairman of this hearing.
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.
There were no declarations of interest.
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.”
RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972 (and subject to consideration of the public interest under Paragraph 10 of Part 2 of Schedule 12A of the Act) the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information (as defined in Part 1 of Schedule 12A of the Act), namely information relating to any individual.
To consider a report of the Environment & Regulation Manager (report no. 19/021 attached).
This report seeks to inform the Licensing Sub-Committee of a referral by the Environment & 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.
The Licensing Sub-Committee considered a report by the Environment and Regulation Manager (report 19/021). The Committee had sight of the Applicant’s DBS Certificate, DBS Report and additional information provided by the Applicant. The Sub-Committee listened carefully to the Applicant’s verbal submission and considered the circumstances, as explained by the Applicant of the matters revealed in the Applicant’s DBS report.
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 has 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’
The follow sections of Appendix D to the Policy are relevant to this application:
10. A serious view will be taken of any convictions and cautions involving dishonesty, such as fraud, theft, forgery, deception etc. Therefore applicants shall normally be refused a licence and shall be expected to remain free of conviction or caution for 3-5 years (according to the circumstances of the offence) before submitting an application.
Violence - other
19. Convictions and cautions for other offences involving violence, e.g. threatening or abusive or insulting behaviour shall not necessarily prevent a person from being issued a licence. In deciding whether or not to grant such an application the LA shall consider the nature of the offence, how long ago it was and what age the applicant was when it was committed including any other relevant factors.