Agenda and draft minutes

The Corporate and Community Services Officer requested a nomination for Chair.

RESOLVED that Councillor Biederman be appointed Chair.

There were no apologies for absence.

There were no items, which in the opinion of the Chair, to be considered as a matter of urgency.

Declarations of Interests. (Please telephone the Corporate and Community Services team to prepare a form for your signature before the meeting. Interests must be re-declared when the item is called. A declaration of interest under the Code of Conduct will be a Disclosable Pecuniary Interest, an Other Registrable Interest or a Non-Registrable Interest.  If the item directly relates to your interest you must declare the interest and leave the room for the item, save in the case of Other Registrable Interests or Non-Registrable Interests where you may first speak on the item as a member of the public if provision has been made for the public to speak.  If the matter does not directly relate to your interest but still affects it then you must consider whether you are affected to a greater extent than most people and whether a reasonable person would consider your judgement to be clouded, if you are then you must leave the room for the item (although you may speak as a member of the public if provision has been made for the public to speak) or, if you are not, then you can declare the interest but still take part).

There were no declarations of interest announced.

RECOMMENDED:

(a)  That, under Section 100(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 in 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(b)  That all documents and reports relating to the item be confirmed as “Not for Publication”.

RESOLVED:

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

(b)  That all documents and reports relating to the item be confirmed as “Not for Publication”.

Report by Licensing Officer (attached).

The Chair introduced himself and invited those in the room to introduce themselves.

The Licensing Officer confirmed that the formal requirements had been met in the submission of the application.

The Legal Officer was asked to outline the hearing proceedings.

The Licensing Officer presented the report and highlighted the following:

·         An application for a Hackney Carriage and Private Hire Driver’s Licence was received on 29 August 2023.

·         The results of a Disclosure and Barring Service check were received on 19 October 2023 which showed two recorded convictions from 6 September 1996.

·         The Applicant also disclosed an offence which did not appear on the Disclosure and Barring Service check.  He declared that approximately 15 years ago he was found to be driving or being in charge of a motor vehicle with alcohol concentration above the prescribed limit.

·         The Applicant currently worked as a class 1 HGV driver.

·         The Applicant had attended a formal interview which was audio recorded and conducted under the conditions of the Police and Criminal Evidence Act 1984.

·         The Applicant had been sentenced to 200 hours of community service, a two year supervision order, £100 compensation and £100 costs.  He immediately after the offence decided he did not wish to remain in friendship with these boys and had no further contact with them.

·         He further clarified the circumstances of the offence of driving or being in charge of a motor vehicle with alcohol concentration above the prescribed limit.

·         The North Devon Hackney Carriage and Private Hire Licensing Policy (March 2022), appendix H, provided the following guidelines in relation to previous convictions:

Ø  Appendix H (18) section C

Where and applicant has a conviction for an offence of violence against the person, or connected with any offence of violence, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed.

Ø  Appendix H (18) section D

Where an applicant has a conviction for possession of a weapon or any other weapon related offence, a licence will not be granted until at least seven years have elapsed since the completion of any sentence imposed.

Ø  Appendix H (18) section J

Where an applicant has a conviction for drink driving or driving under the influence of drugs, a licence will not be granted until at least seven years have elapsed since the completion of any sentence or driving ban imposed.

·         All offences disclosed on the Disclosure and Barring Service check by the Applicant had now elapsed and the guidelines suggest that granting of a licence could now be considered.

·         Whilst the guidelines suggested that sufficient time had now elapsed between the time of offences and the application a further consideration of whether or not the applicant was dishonest in his application had to be considered:

Ø  General Policy section 12

Dishonesty

Any dishonesty by any applicant or other person on the applicant’s behalf which was discovered to have occurred in any part of any application process (e.g. failure to declare convictions, false  ...  view the full minutes text for item 16.