Agenda and draft minutes

The Corporate and Community Services Officer requested nominations for Chair.

RESOLVED that Councillor Cann be appointed Chair.

There were no apologies for absence.

(Please complete the form provided at the meeting or telephone Corporate and Community Services to prepare a form for your signature before the meeting.  Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).

There were no declarations of interest announced.

RECOMMENDED:

(a)       That, under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items as they involve the likely disclosure of exempt information as defined by Paragraph 2 of Part 1 of the Schedule 12A of the Act (as amended from time to time), namely information which is likely to reveal the identity of an individual. 

(b)       That all documents and reports relating to the items be confirmed as “Not for Publication”.

RECOMMENDED:

(a)  That under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item as it involves the likely disclosure of exempt information as defined in Paragraph 2 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information which is likely to reveal the identity of an individual.

(b)  That all documents and reports relating to the item be confirmed as 2 “Not for Publication”.

Report by the Licensing Officer (attached).

The Chair introduced the Committee Members and those present.

The Licensing Officer addressed the Committee and advised of the following:

·         The licence was originally issued 30^th May 2017. It had been considered at Committee due to the applicant then having disclosed 14 previous offences. It was noted at the time that the licence had been granted in part due to the support of the applicant’s employer but that if any problems arose it would be re-considered by Committee.

·         There had been nine separate complaints.

·         The appendices included a transcript of an interview under caution of 9^th February 2023 when the licence holder was interviewed to discuss complaints made against him.

The Chartered Legal Executive (from now on referred to as the Legal Advisor) summarised the process to those present.

In response to the question ‘Did he have any further questions?’ the licence-holder shook his head.

In response to the question ‘Was he recording the hearing?’ the licence-holder shook his head.

The licence-holder addressed the Committee and advised of the following:

·         When his licence was originally granted in May 2017 it had not been an employer who had supported him; it had been a friend.

·         That his past issues had been caused by women and that in the past 15 years he had been celibate and turned his life around.

·         He had bought the vehicle to use as a taxi in 2017/18. All the offences had been in relation to that vehicle. He concluded it was a marked car and that it was the car itself causing the problems.

·         He stated that the car had been scrapped in August (2022).

·         Since August 2022 he drove for a company which provided him with a vehicle.

·         Since August 2022 there had been only one complaint (when he had refused to take a fare).  He stated that the complainant had lied in their statement of the event and confirmed he had felt he had a right to refuse a fare.

·         He stated he did not have a face book account – so that the evidence provided (in appendices h and i) were not made by him

In response to questions from the committee, once the face book posts were read to him, the licence-holder confirmed that he did have seven face book accounts although one was in his name (but not the account from which the post was made) and six additional ones with fake profiles. He stated these were ‘catfish’ accounts. The Licence Holder indicated that it had not been him who had posted the post which was appended within the evidence supplied to the committee and further in response to closer questioning on this Facebook post contended it had been created by a friend not him even though the post appears to be directly as a result of the incident in question.

During further questions from the committee, the licence holder disputed the circumstances of the complaints made against him within the appendices.

The Licensing Officer presented the Committee with  ...  view the full minutes text for item 32.

RESOLVED that it being 12:54 p.m. the meeting be adjourned for a comfort break and reconvene at 13:00 p.m.

RESOLVED, that it being 13:00 p.m. the meeting be reconvened.

Report by the Licensing Officer (attached).

The Licensing Officer addressed the Committee and advised of the following:

·         The Authority had been advised by HM Courts and Tribunal Service, Manchester Crown Court, that the licence holder had been convicted of a crime and was sentence, on the 28^th April 2023, to a total of five years’ imprisonment.

·         The offences were relevant under to Licensing Act.

·         The licence holder had been written to at HMP Doncaster where he was currently being held. No response had been received.

The Chair requested that the Corporate and Community Services Officer read the proposed decision, which was voted on, and agreed.

RESOLVED that the recommendation of the Committee is that of ‘Revocation of the personal licence with immediate effect.  This is with consideration of the following:

1.    Pursuant to Section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976 it appears that the interests of public safety require the suspension to have immediate effect, and

2.    The licence holder had committed a relevant offence under the Licensing Act 2003