Agenda and minutes

The Democratic Services Officer informed the Committee that apologies had been received from Councillors J Chilvers and M Hobson, and that Councillor I Chilvers would be acting as the substitute for Councillor J Chilvers.

To confirm as a correct record the minutes of the Licensing Committee held on 5 February 2018.

The Committee considered the minutes of the meeting held on 5 February 2018.

RESOLVED:

To approve the minutes of the Licensing Committee meeting held on 5 February 2018.

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 Chair’s address.

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 determine whether a licenced Hackney Carriage Driver remains a ‘fit and proper person’ to hold a licence in accordance with the Council’s Licensing Policy.

The Licensing Manager presented the report, which asked the Committee to consider whether a licenced Hackney Carriage driver remained a ‘fit and proper person’ to hold a licence in accordance with the Council’s Licensing Policy. The driver concerned was present.

It was noted that consideration of the item had been deferred on two occasions as the driver had informed officers that they were unable to attend the Licensing Committee meetings on 5 February and 19 February 2018. The Committee previously agreed to defer the item to allow the individual to attend to present their case.

The driver explained the circumstances of the alleged offence and informed the Committee that, following a preliminary Magistrates hearing, the case would be heard at Crown Court in April 2018. The Committee was also informed that the driver had been placed on unconditional bail following their Magistrates hearing.

The driver responded to questions asked by the Committee in relation to the alleged offence, and the Licensing Manager summarised the contents of the report.

The Licensing Manager and the driver left the room while the Committee considered whether the driver remained a ‘fit and proper person’ to hold a Hackney Carriage Driver’s Licence in light of the information contained in the report and the information presented.

It was agreed that the information presented and the information contained in the report raised concerns over public safety, therefore the Committee resolved to revoke the individual’s Hackney Carriage Driver’s Licence with immediate effect in the interests of public safety. The Committee asked that neighbouring authorities be informed of the decision.

The Solicitor to the Council relayed the decision to the individual concerned and highlighted that they had the right to appeal the decision, but that any appeal may not be considered until after the Crown Court hearing in April 2018. The individual was also informed that they could request the case to be reconsidered by the Licensing Committee if found not guilty at the Crown Court hearing.

RESOLVED:

i.              To REVOKE the Hackney Carriage Driver’s Licence with immediate effect.

ii.            To ask officers to inform neighbouring authorities of the decision in the interests of public safety.

Reason for decision:

The Committee noted that the alleged offence was serious, and in the interests of public safety agreed to revoke the licence.