Agenda and minutes

Apologies for absence had been received from Councillor’s Mary McCartney and John Duggan.  Councillor Keith Franks attended as a substitute for Councillor Duggan.

To confirm as a correct record the minutes of the Licensing Committee held on 5 September 2022.

The Committee considered the minutes of the meeting held on 5 September 2022.

RESOLVED:

To approve the minutes of the Licensing Committee meeting held on 5 September 2022.

A copy of the Register of Interest for each Selby District Councillor is available for inspection at www.selby.gov.uk.

Councillors should declare to the meeting any disclosable pecuniary interest in any item of business on this agenda which is not already entered in their Register of Interests. Councillors should leave the meeting and take no further part in the consideration, discussion or vote on any matter in which they have a disclosable pecuniary interest.

Councillors should also declare any other interests. Having made the declaration, provided the other interest is not a disclosable pecuniary interest, the Councillor may stay in the meeting, speak and vote on that item of business.

If in doubt, Councillors are advised to seek advice from the Monitoring Officer.

There were no disclosures of interest.

To confirm the procedure to be followed at the meeting, including the Council’s Taxi Licensing Policy.

The Committee noted the Licensing Committee procedure and the Council’s Taxi Licensing Policy.

There was no Chairs address to the Committee.

That, in accordance with Section 100(A) (4) of the Local Government Act 1972, in view of the nature of the business to be transacted, the meeting be not open to the Press and public during discussion of the following items as there will be disclosure of exempt information as defined in paragraph 3 of Schedule 12(A) of the Act.

It was proposed, and seconded, that the Committee sit in private session due to the nature of the business to be transacted.

RESOLVED:

That, in accordance with Section 100(A)(4) of the Local Government Act 1972, in view of the nature of the business to be transacted the meeting be not open to the press and public during discussion of the following items as there will be disclosure of exempt information as described in paragraph 3 of Schedule 12(A) of the Act.

To receive the report, which asks the Committee to consider an application for a Private Hire Driver Licence.

The Licensing Manager presented the report, which asked the Committee to determine an application for a Private Hire Driver’s Licence.  It was noted that the application had been brought before the Committee due to a Disclosure and Barring Service (DBS) check highlighted a previous conviction during the application process.

The applicant was present and was able to respond to questions asked by the Committee concerning the report including the previous conviction.

The applicant and the Licensing Manager left the meeting at this point and did not return.

The Committee considered that the conviction was of concern however it had occurred a long time ago, and that the applicant had learned from their mistake.  The Committee considered that the evidence presented demonstrated that the applicant was a ‘fit and proper person’ to be a licensed Private Hire driver.

RESOLVED:

To grant the application for a Private Hire Driver’s Licence.

REASON FOR DECISION:

The Committee was satisfied that the applicant was a ‘fit and proper’ person in accordance with the Council’s Licensing Policy.

To determine whether a licensed Private Hire Operator, Private Hire and Hackney Carriage Drivers and Private Hire and Hackney Carriage Vehicle Proprietor, remains a ‘fit and proper person’ to hold a licence in accordance with the Council’s Taxi Licensing Policy.

The licence holder had been asked to attend Committee for Members to consider if they remained a fit and proper person to hold a Private Hire Operator, Private Hire and Hackney Carriage Drivers, and Private Hire and Hackney Carriage Vehicle Proprietor Licenses in accordance with the Council’s Taxi Licensing Policy.  The licence holder, his legal advisor and five witnesses were present at the meeting.

It was noted that since the publication of the Licensing Committee agenda a large amount of information had been received from the licence holder on Thursday 6 October 2022, just one working day prior to the Licensing meeting.

The Chair felt that Members needed time to consider the report and all other documentation to be clear on the details of the case.  Due to this, it was proposed and seconded that the item be deferred until the next meeting of the Licensing Committee due to take place on Monday 14 November 2022.  It was noted that the licence holder and his legal advisor had no objections to the deferment.

RESOLVED:

To defer the item to allow the Committee and all other parties to consider the additional information which had been provided by the licence holder.

REASON FOR DECISION:

The Committee wished to have the full facts in relation to the content in the report for consideration, and to offer the licence holder every opportunity to provide any relevant documentation.