Venue: Committee Room, Town Hall, Scarborough
Contact: James Mowbray
Election of Chairman
To elect a Chairman for this meeting.
RESOLVED that Councillor Neil Heritage be elected Chair for 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 & Regulation Manager (report 2020/36 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 of the Environment and Regulations Manager (Reference 20/36). The Sub-Committee also had sight of all appendices/attachments, oral evidence and submissions made at the hearing by Paul Walker (Applicant) and relevant legislation and case law.
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
- Promoting tourism and the Borough of Scarborough
RESOLVED that the licence be REFUSED.
Members’ reasons: The Sub-Committee have paid particular attention to paragraph D45 of the licensing policy which reads that ‘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.’ There are 3 speeding offences and 9 points on the licence.
The Sub-Committee noted that these were not isolated offences, there were 3 offences on the licence. The frequency of offences is viewed seriously by the Sub-Committee. Although the lowest number of penalty points were imposed it was noted that one more contravention would lead to being summonsed to the Magistrates Court where a totting disqualification would be considered. In addition, there was the contravention in the reduced speed area where an average speed check was conducted which was viewed particularly seriously by the Sub-Committee.
The Sub-Committee recommended that the driver attend a speed awareness course before re-applying.