Agenda, decisions and draft minutes

Councillors Arwel Roberts, Peter Scott and Rhys Thomas.

Councillors Arwel Roberts, Peter Scott and Rhys Thomas

Councillors Joan Butterfield, Alan James and Tony Thomas declared a personal interested in agenda item 4.

The following councillors declared a personal interest in Agenda Item 4 –

Councillor Joan Butterfield declared that she sometimes used the Applicant’s taxi service (Leddon's Taxis)

Councillor Alan James declared that he used the taxi service (Town & Country Taxis) of the Applicant’s supporter who was also known to him

Councillor Tony Thomas declared that the Applicant was resident in his ward.

No urgent matters had been raised.

No urgent matters had been raised.

To consider a report, including a confidential appendix, by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of a request from a Hackney Carriage Proprietor to licence a vehicle for the purpose of hackney carriage licensing.

RESOLVED that the Licensing Committee –

(a)       deviate from the Council’s existing policy to approve the vehicle as suitable to be licensed as a hackney carriage vehicle, and

(b)       the current policy specification relating to the minimum requirement for available legroom to be reviewed as soon as practicable.

A report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)            a request having been received from a hackney carriage proprietor to licence a vehicle for the purposes of hackney carriage licensing;

(ii)          officers having not been in a position to grant the application as the vehicle presented for licensing did not comply with the specification with regard to available leg room for passengers as detailed in the Council’s Private Hire and Hackney Carriage Vehicle Policy, Specification and Conditions;

(iii)         details having been provided regarding seating requirements of other local authorities with officers concluding that there was no national standard or guidance for leg room space allowances, and

(iv)         the Applicant having submitted written representations (confidential Appendix 1 to the report) in support of his request and had been invited to the meeting.

The Applicant, Mr. T. Leddon (Leddon’s Taxis) was accompanied by his supporter Mr. G. Higginson (Town & Country Taxis).

[At this point the Applicant advised that he had not received the report and committee procedures and the meeting was adjourned to allow sufficient time for the Applicant to be furnished with all the relevant documentation and peruse them.  Upon resuming proceedings the Applicant confirmed he was happy to continue.]

The Public Protection Business Manager presented the report and explained that the Applicant had approached the Council with a view to licensing a number of new vehicles to fleet – Dacia Logan estate cars – which had a measured leg room of 157mm.  The vehicles had been rejected because they did not comply with the Council’s current policy which specified a minimum 200mm leg room for passengers.  The policy had become effective from 1 July 2017 and had been introduced to provide clarity to licensees and consistency of the standard of vehicles being licensed.  It was noted that there were already a number of other vehicles licensed prior to adoption of the current policy which would also fall foul of the new specification at renewal time and compliance testing.  Members would therefore need to balance the interests and opinion of the Applicant with possible implications on Denbighshire’s taxi fleet and the potential for an increased number of similar requests from applicants in the future when considering the application.

The Applicant set out his case and questioned the validity of the specification relating to leg room which he believed was too restrictive given that it served no purpose in improving the standard of vehicles used or impact on public safety implications.  He also argued that the condition resulted in the exclusion of the majority of medium and large saloon and estate cars being suitable for licensing and submitted that there were licensed vehicles in Denbighshire and other local authority areas which did not meet the current specification but provided ample leg room for passengers and it was unlikely that the vehicles would ever operate with the seats fully extended.  He believed that if those matters had been brought to members’ attention at the outset the restriction would not have been introduced.  The Applicant also provided details of his specific business and its operation, with particular reference to his planned investment in order to upgrade the fleet and improve vehicle standards, arguing that the new vehicles were clean and modern with a lower carbon footprint and represented best value for his business and the customer.  Mr. Higginson also spoke in support of the Applicant and he urged members to consider that neighbouring authorities licensed vehicles of that type and that the licensed trade should be given appropriate notice of any changes to vehicle specifications.

The  ...  view the full minutes text for item 4.

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 Paragraph 12 of Part 4 of Schedule 12A of the Act.

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application from Applicant No. 520509.

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 520509 be granted.

A confidential report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)            an application having been received from Applicant No. 520509 for a licence to drive hackney carriage and private hire vehicles;

(ii)          the application having been referred to the Licensing Committee due to the Applicant’s failure to disclose two criminal convictions which had been revealed following a routine Disclosure and Barring Service (DBS) check relating to theft (1990) and driving a vehicle with excess alcohol (2004);

(iii)         referred to the Council’s policy with regard to the relevance of convictions (including non-disclosure) and relevant legislation with regard to making a false statement and omission of particular material, and

(iv)         the Applicant having been invited to the meeting in support of his application and to answer members’ questions thereon.

The Applicant confirmed he had received the report and committee procedures.

The Public Protection Business Manager detailed the facts of the case.

The Applicant apologised for his error in completing the application form and explained that (1) he had not realised the first offence would be on record as it had been committed in his youth, and (2) he had mistakenly believed the second conviction related to motoring rather than a criminal offence, and proceeded to explain the circumstances surrounding those two convictions.  Since then the Applicant had held a clean driving licence and described himself as capable and trustworthy.  In response to members’ questions the Applicant admitted that he had not read the relevant documentation properly which had led to the omission on this application form.  He believed that being a taxi driver would allow him to work flexible hours which would suit his family circumstances.  In making a final statement the Applicant again apologised for incorrectly completing the application form stating that it had been a genuine error on his part.

The committee adjourned to consider the application and it was –

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 520509 be granted.

The reasons for the Licensing Committee’s decision were as follows –

Members had carefully considered the facts of the case and explanation provided by the Applicant with regard to the offences and reasoning behind his non-disclosure of convictions.  The committee found the Applicant to be genuine and honest in his submission and answers to questions and accepted that he had made a genuine mistake on this occasion in completing the application form given that he had not read the accompanying guidance notes properly.  The committee accepted the Applicant’s version of events with regard to his historic convictions and noted that if the Applicant had declared those convictions at the appropriate time officers would have been in a position to grant the application in accordance with the Council’s conviction policy.  Consequently members considered the Applicant to be a fit and proper person and resolved to grant the application.

The committee’s decision and reasons therefore were conveyed to the Applicant.

The meeting concluded at 11.15 a.m.