Agenda, decisions and draft minutes
Venue: Council Chamber, Nant Hall Road, Prestatyn
Contact: Committee Administrator (KEJ)
No. | Item |
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APOLOGIES Decision: Councillors Joan Butterfield, Barry Mellor, Win Mullen-James, Peter Owen and Arwel Roberts Minutes: Councillors Joan Butterfield, Barry Mellor, Win Mullen-James, Peter Owen and Arwel Roberts |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Decision: No declarations of personal or prejudicial interest had been raised. Minutes: No declarations of personal or prejudicial interest had been raised. |
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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. Decision: REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES – DRIVER NO. 043844 RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence
issued to Driver No. 043884 be revoked on public safety grounds. Minutes: In accordance with Section 100B(4) of the Local Government Act 1972 the Chair declared that he intended to include for discussion the following matter which required urgent attention – Review of a Licence to Drive Hackney Carriage and Private Hire Vehicles – Driver No. 043844 It was agreed to consider the matter following the main business item. |
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EXCLUSION OF PRESS AND PUBLIC RESOLVED that under Section 100A of the Local Government Act 1972, the Press
and Public be excluded from the meeting for the following item of business on
the grounds that it would involve the likely disclosure of exempt information as
defined in Paragraphs 12 and 14 of Part 4 of Schedule 12A of the Act. |
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REVOCATION OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS LICENCE - DRIVER NO. 047224 To consider a confidential report (to be circulated at the meeting) regarding the revocation of a hackney carriage and private hire vehicle drivers licence in respect of Driver No. 047224. Decision: RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence
issued to Driver No. 047224 be revoked on public safety grounds. Minutes: A confidential report by the Head of Planning
and Public Protection Services was circulated at the meeting recommending the
licence to drive hackney carriage and private hire vehicles issued to Driver
No. 047224 be immediately revoked in the interests of public safety. The facts of the case were presented as
follows – (i) information having been received regarding the arrest of Driver No. 047224 arising from allegations involving controlled substances and serious sexual misconduct relating to a young person; (ii) details relating to the allegations having subsequently been received from North Wales Police who were carrying out an investigation into the claims, and (iii) Driver No. 047224 had been invited to attend the meeting in support of his licence review and to answer members’ questions thereon. The Licensing Enforcement Officer (HB)
presented the report and confirmed that the Driver was not present despite
being invited to attend. In response to
questions members were advised that no further details could be disclosed in
light of the ongoing Police investigation into the allegations. The Head of Legal and Democratic Services
provided a legal viewpoint on the situation including grounds for suspension
and revocation. After deliberation it was
– RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence issued to Driver No. 047224 be revoked on public safety grounds. The reasons for the Licensing Committee’s
decision were as follows – Members considered the facts of the case and
expressed concern regarding the serious nature of the allegations and the fact
that the Police were actively pursuing an investigation. In order to preserve public safety members
decided to revoke the licence with immediate effect. |
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REVIEW OF LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 043844 Minutes: [This
item was considered as a matter of urgency, notice having been given by the
Chair at the commencement of the meeting] A
confidential report by the Head of Planning and Public Protection Services
(circulated at the meeting) was submitted upon – (i)
the suitability of
Driver No. 043844 to hold a licence to drive hackney carriage and private hire
vehicles; (ii)
the Licensing
Committee held on 5 December 2012 having suspended Driver No. 043844 on public
safety grounds following his accrual of penalty points, three of which related
to the use of a mobile phone whilst driving [the Driver had been permitted to
retain his DVLA licence by Prestatyn Magistrates who
had accepted a disqualification would cause exceptional hardship]; (iii)
the Driver appealed
against the Licensing Committee’s decision and on 19 December 2012 Magistrates
dismissed the Appeal but directed the matter back to the Licensing Committee at
the earliest opportunity to allow the period of suspension to be reviewed; (iv)
the special Licensing
Committee held on 24 January 2012 having lifted the suspension imposed on the
Driver and issued a warning as to future conduct; (v)
a letter having been
received on 25 June 2013 from Driver No. 043844 stating that on 13 June 2013 he
had been convicted of speeding by Llandudno Magistrates and under the totting
up procedure had been disqualified from driving for a period of six months, and (vi)
Driver No. 043844 had
been invited to attend the meeting in support of his licence review and to
answer members’ questions thereon. The
Driver was in attendance at the meeting and all parties present were
introduced. Due to the urgent nature of
the review the committee report had not been available in advance and had been
tabled at the meeting. Driver
No. 043884 addressed the committee in support of his case explaining the
circumstances of the speeding offence which had led to his
disqualification. It was established
that the offence had been committed in October 2012 but had taken until June
2013 for the Magistrates to hear the case.
The Driver submitted that he had only been convicted for speeding on one
other occasion in 2010 and routinely drove within the speed limit. Once his DVLA Licence had been reinstated in
December 2013 it would be free from convictions. He also advised that correspondence received
regarding the conviction had referred to the offence as a minor infringement of
the Road Traffic Act. The Driver was keen
to impress upon the committee that being a taxi driver was his livelihood which
he enjoyed and took very seriously.
Whilst accepting that he could not fulfill his
duties as a licensed driver at present he hoped to continue the profession upon
reinstatement of his DVLA Licence. Members
took the opportunity to question the Driver further regarding his speeding
conviction and he was asked why he did not disclose his pending court
appearance when his licence had been brought before the committee previously
for review. The Driver responded that he
had not been convicted of any offence at that time and he had not been present
at the Licensing Committee meeting in December 2012. He also explained the circumstances surrounding
the reference to appropriate use of speed within the Driver Assessment Report
produced following completion of the Driving Awareness Course. In terms of historical motoring convictions
the Driver confirmed two previous offences and the circumstances surrounding
each. In his final statement the Driver asked for leniency stating that he had learnt from his transgressions. He assured the committee that he would not be brought before them again if he was ... view the full minutes text for item 5. |