Venue: Committee Room, Town Hall
Contact: Julia Rogers
Election of Chairman
To elect a Chairman for this meeting.
RESOLVED that Councillor Simon Green be elected Chair of this meeting.
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.”
There was no application for the exclusion of the public. The Legal Advisor explained the public nature of the hearing.
To consider a report by the Environment and Regulation Manager (report 19/076 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 to request 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 No. 19/076).
(i) Oral evidence and submissions received from David Ledden.
RESOLVED that the application be refused
In coming to its decision, the sub-committee has had due regard to the promotion of the objectives of the Licensing Authority as detailed in the Taxi and Private Hire Policy as follows: To promote the safety, health and comfort of the public and drivers, The prevention of crime and disorder, safeguarding of children and the vulnerable, To promote vehicle safety, comfort and access, The provision of high quality vehicles and services and Promoting tourism and the Borough of Scarborough.
The sub-committee notes the content of Section 46 of Appendix D of the policy which reads that ‘Where sufficient penalty points have accrued to require a period of disqualification, at least 3 years shall normally have passed since the restoration of the DVLA licence or completion of sentence.’
The licence has been restored for a period of 1 year, 8 months and 6 days at the date of the hearing.
The sub-committee notes that the criteria to apply is whether the applicant is a fit and proper person. Each case has to be treated on its own merits and the sub-committee recognises that it can depart from its own policy where a case merits it.
In coming to its decision, the sub-committee has also considered the Licensing Officer’s Report including appendices/attachments, oral evidence and submissions made at the hearing and relevant legislation and case law.
The sub-committee has heard details of the offences that have been committed by the applicant. The speeding offences however show that the Applicant is not a fit and proper person to hold a licence. There were multiple offences that led to the disqualification period under totting and it is important for road safety that speed limits are observed. The sub-committee also note that the 3 year period since the restoration of the DVLA licence is only just over half way through today. The sub-committee therefore refuse the application and are of the view that there is no good reason to depart from the policy.
We take the view that it would be appropriate for you to go on a driving course such as an advanced drivers course because you need to show insight into the dangers of speeding and the risk caused to other road users.