Agenda, decisions and draft minutes
Venue: Council Chamber, County Hall, Ruthin and by video conference
Contact: Committee Administrator (KEJ) Email: democratic@denbighshire.gov.uk
Media
Webcast: View the webcast
No. | Item |
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WELCOME The Chair
introduced and welcomed Mr. Nashwan Fazlani to the meeting as the Licensing
Committee’s Legal Advisor. Additional documents: |
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APOLOGIES Additional documents: Decision: Minutes: |
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DECLARATION OF INTERESTS PDF 118 KB Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Additional documents: Decision: Minutes: |
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URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972. Additional documents: Decision: Minutes: |
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MINUTES OF THE LAST MEETING PDF 388 KB To receive the minutes of the Licensing Committee held on 5 June 2024 (copy enclosed). Additional documents: Decision: RESOLVED that the minutes
of the meeting held on 5 June 2024 be received and confirmed as a correct
record. Minutes: The minutes of the Licensing Committee held on 5 June 2024
were submitted. RESOLVED that the minutes
of the meeting held on 5 June 2024 be received and confirmed as a correct
record. |
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LICENSING COMMITTEE FORWARD WORK PROGRAMME 2024/25 PDF 126 KB To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) on the priorities of the Licensing Section together with a revised forward work programme. Additional documents: Decision: (a) the contents
of the report be noted, and (b) the forward
work programme for 2024/25 as detailed in Appendix A to the report be approved. Minutes: The priorities of the Licensing
Section reflected the duty placed on the authority in relation to its
responsibilities for the licensing function and the effective regulation,
control and enforcement of licensees, and the authority’s commitment to safer
communities and the development of the economy.
The work programme had been drafted taking into account relevant
policies and review dates together with any potential legislative changes proposed. A number of items in the work
programme had been rescheduled or removed and a revised work programme had been
presented for members’ consideration. An update was provided on those
rescheduled/removed items which related to – · Hackney Carriage Tariff – at
their last meeting members had agreed to retain the current fares and review
the position in twelve months’ time (June 2025) · Special Procedures – no further
update had been received on the report item · Wheelchair Accessible Vehicles –
the item had been rescheduled to March 2025 to enable members to consider the
results of the consultation on the review of licensing requirements. Members noted the revisions to
the forward work programme. RESOLVED that – (a) the contents
of the report be noted, and (b) the forward
work programme for 2024/25 as detailed in Appendix A to the report be approved. |
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EXCLUSION OF PRESS AND PUBLIC Additional documents: |
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REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 507343
To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 507343. 9.45 am – 10.30 am Additional documents:
Decision: RESOLVED that Driver No.
507343 was a fit and proper person to hold a Hackney Carriage and Private Hire
Vehicle Driver’s Licence and that a formal written warning be issued in respect
of the convictions obtained. Minutes: A confidential report by the Head of Planning,
Public Protection and Countryside Services (previously circulated) was
submitted upon – (i)
the suitability of Driver No. 507343 to hold a
licence to drive hackney carriage and private hire vehicles following
convictions obtained in July 2024 for being a proprietor of a vehicle used as a
private hire vehicle without a licence and using a motor vehicle on a road or
public place without third party insurance; (ii)
officers having referred the matter to the
Licensing Committee for determination given the particular circumstances of the
case; (iii)
background information and associated documentation having been provided
including details of the case summary and fine/penalty points imposed together
with written submissions from the Driver including a supporting statement and
character references; (iv)
the Council’s policy with regard to the
relevance of convictions and suitability of applicants and licensees, and (v)
the Driver having been invited to attend the meeting in support of the
licence review and to answer members’ questions thereon. The Driver was in
attendance in support of his licence review. The Licensing Enforcement Officer (NS)
submitted the report and facts of the case. In terms of a final statement the Driver
confirmed he had nothing further to add. The
Committee adjourned to consider the case and it was – RESOLVED that Driver No. 507343 was a fit and proper person to
hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence
and that a formal written warning be issued in respect of the convictions
obtained. The
reasons for the Licensing Committee’s decision were as follows – Members had carefully
considered the evidence before them in reaching their decision. Whilst it was not open to the Committee to
revisit the findings of the conviction, it was open to members to consider the
general circumstances behind it in considering whether the Driver was a fit and
proper person to hold a driver’s licence and/or any
formal action to take in respect of it. In accordance with
relevant policy guidance and due to public safety being the paramount
consideration for the licensing authority in respect of driver licences, members took the conviction seriously as it
related to motor insurance. This was a
matter that members were extremely concerned with and found that the Driver
displayed very poor judgement. They
considered that this conduct fell short of the high standards required by
licensed drivers. In reaching their
decision members had placed significant weight on the Driver’s previous track
record which they found to be exemplary.
Members were encouraged that the Driver had been fully co-operative with
the Licensing Authorities involved. They
were also encouraged by the Driver’s full and frank admissions to the Licensing
Officers and had placed significant weight on this factor in reaching their
decision that the Driver remained a fit and proper person to hold a licence. Furthermore, members were encouraged that since the conviction the Driver had taken steps to secure a second licensed vehicle which could be used if the Driver found himself in ... view the full minutes text for item 6. |
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APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 577925 To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ determination of an application to drive hackney carriage and private hire vehicles from Applicant No. 577925. 10.30 am – 11.30 am Additional documents:
Decision: RESOLVED that Applicant No. 577925 was a fit and proper
person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and
that the application be granted subject to the satisfactory completion of all
routine checks in connection with an application of this type and completion of
the Knowledge Test to the required standard. Minutes: A confidential report by the Head of Planning,
Public Protection and Countryside Services (previously circulated) was
submitted upon – (i)
an application having been received from Applicant
No. 577925 for a licence to drive hackney carriage
and private hire vehicles; (ii)
officers having referred the application to
the Licensing Committee for determination given the particular circumstances of
the case; (iii)
the Applicant having obtained a conviction in November 2011 for
conspiring/producing a controlled drug Class B cannabis together with motoring
convictions obtained between July 2021 and December 2022 for speeding
(currently six valid penalty points on his DVLA driving licence); (iv)
background information and associated documentation having been provided
relating to the case including details of the convictions obtained and the
Applicant’s explanation of events, supporting personal statement and character
reference from his current employer; (v)
the Council’s policy with regard to the
relevance of convictions and suitability of applicants and licensees, and (vi)
the Applicant having been invited to attend the meeting in support of
the application and to answer members’ questions thereon. The
Applicant was in attendance in support of his application. The
Licensing Enforcement Officer (NS) submitted the report and facts of the case. The
Applicant referred to his written submission contained within the report and
also read out a pre-prepared written submission in support of his application
in which he provided some context to the convictions obtained and his personal
circumstances including his employment history to date and personal attributes
with a view to demonstrating that he was a fit and proper person to hold a licence. The
Applicant responded to questions regarding his current employment which also
involved transporting passengers together with other driving related work
undertaken, the motivation behind his application, and further details relating
to his convictions, mitigation, rehabilitation and subsequent good conduct and
character. Officers
also responded to questions confirming that the conviction obtained in November
2011 would be considered spent in November 2024. In the event that members were minded to
grant the application it would be subject to the satisfactory completion of the
knowledge test and usual routine checks. In terms of a final statement the Driver confirmed he had nothing
further to add. The
Committee adjourned to consider the application and it was – RESOLVED that Applicant No. 577925 was a fit and proper
person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that the application be granted subject to the
satisfactory completion of all routine checks in connection with an application
of this type and completion of the Knowledge Test to the required standard. The
reasons for the Licensing Committee’s decision were as follows – The Committee considered that the Applicant
had been convicted for a serious drug related offence and this conviction
itself was given significant weight given that the overriding aim of a
licensing authority when carrying out its functions relating to the licensing
of drivers was protection of the public.
It also found this a serious matter pursuant to their policy guidance
concerning drugs related offences. Members considered the policy guidance which stated that a licence must not be granted until 10 years after the completion of a sentence for a drug related offence. However, members decided to depart from guidance on this aspect given the short length of time until 10 years post-completion. Members considered it had been a long amount of time since the conviction and sentence and that the Applicant had subsequently taken steps to rehabilitate himself and were ... view the full minutes text for item 7. |