Venue: Committee Room, Town Hall, Scarborough
Contact: James Mowbray
Election of Chairman
To elect a Chairman for this meeting.
RESOLVED that Councillor Neil Price be elected as Chairman of this hearing.
Members are reminded of the need to consider whether they have a disclosable pecuniary, prejudicial or other (personal) interest to declare in any items on this agenda. Details of any interest must be declared at the start of the meeting or as soon as any interest becomes apparent during the meeting. The attached form must also be completed. Any advice required should ideally be sought before the day of the meeting.
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.”
The Committee considered whether to go into Exempt Business as the matter related to an individual.
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 by the Environment and Regulation Manager (report 19/046 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.
The Licensing Sub-Committee considered a report by the Environment and Regulation Manager (report 19/046). The Committee had sight of the Dual Driver Application with the Applicants DBS Certificate and the DBS report.
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. The Sub Committee have considered the circumstances, as explained by the Applicant of the matters revealed in the Applicant’s DBS report.
RESOLVED: That the Applicant is considered not to be a ‘Fit and Proper’ person to hold a Dual Driver Licence and therefore will not be granted a 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.