Meeting documents

Apologies for absence were submitted on behalf of Councillors Marsh,?Rainsbury and Wharton.

There were no declarations of interest declared.

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 20 October 2015 be approved as a correct record and signed by the chairman.

Further to minute no. 25 (20 October 2015), the committee considered a report on the Licensing Unit's activity during the period 1 April to 30 September 2015. The information included an overview of the decisions taken in respect of applications relating to taxi licensing.

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RESOLVED (UNANIMOUS): that the report submitted be noted.

The committee considered a report on the introduction of a re-instatement procedure for hackney carriage or private hire driver?s in certain circumstances.

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It had been common practice amongst many Licensing Authorities, including South Ribble Borough Council to utilise the powers provided by Section 61(b) to suspend hackney carriage and private hire driver?s licences to enable an investigation to be undertaken into alleged misconduct, before considering revocation of the licence at the conclusion of the criminal or civil investigation.

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Case law introduced by R (Singh) v Cardiff City Council [2012] EWHC 1852 (Admin), raised a number of issues with this approach, as the judge held that a council should not suspend a taxi driver?s licence as an interim measure whilst waiting for an outcome. He added that a suspension should be used as a final decision based on the facts at the time and it could be used as a lesser sanction to revocation.

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One of the primary obligations of the Licensing Authority was to protect the public. To this end the Council works closely with a number of key partner agencies and would from time to time, receive information from partners, including the Police about licensed drivers.

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Where this information was so serious as to satisfy the Licensing Authority that the individual was no longer fit and proper to hold a licence, it must consider revoking the licence. The information may be, for example, that a driver had been arrested and bailed for a violent or sexual offence or an offence of dishonesty or one involving the supply or use of illegal drugs.

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Should the allegations subsequently be found to be unproven the Council would accept a written request from the driver for the re-instatement of their licence. This re-application process would not attract a fee, but the grant would still be subject to the Licensing Authority being satisfied that the driver was fit and proper. To this end information may be exchanged with other agencies as to the extent, if any, of supporting evidence found during the primary investigation.

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If successful the hackney carriage or private hire driver licence would be re-instated for the number of days that were left on their original licence.

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Where a licence expires during the period of revocation, the driver would be eligible to apply for a new licence as though they had not had a licence revoked and so not have to wait for 12 months before making their application, in line with the Council?s policy on convictions etc. This application would then attract the relevant fee.

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RESOLVED (UNANIMOUS): that the introduction of a re-instatement application procedure for hackney carriage or private hire drivers in certain circumstances as set out in the report be approved.

The committee considered the draft Taxi Licensing Policy.

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The Council did not have a comprehensive policy to cover the regulation of the hackney carriage and private hire trade within the borough. The Licensing Authority?s policy can be found within numerous decisions taken by the General Licensing Committee over the years.

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As part of the transformation of the way in which this Council deliver its? licensing services, a policy had been drafted to bring together all of these decisions and precedents.

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The terms and conditions for the various types of licences involved have also been updated to reflect the current climate and an enforcement policy including a local penalty points system was proposed.

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The draft policy (Appendix A to the report), had been produced to provide a clear and transparent approach to the regulation of the taxi trade that would assist members, officers, the travelling public and the trade alike.

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If the committee was to approve the draft policy?it would then be sent out to formal public consultation (the exercise would end on 1 January 2016). The decision to adopt the final policy would then be made at its meeting of full Council on 20 January 2016.

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RESOLVED (UNANIMOUS): that ?

1. the draft policy be approved in so far as this committee is concerned subject to the following:

That in Appendix 9 in respect of the?proposed Penalty Points Scheme -

(a)?the rolling period (as stated on page 5, first line,?paragraph 2) should read "18 months" not 12 months; and

(b) the inclusion of the?illegal use of horn between the hours as specified under?the Highway Code.

2. officers be authorised to undertake a formal consultation.

3. the Director of Neighbourhoods, Environmental Health and Assets determines any responses received in consultation with the Chairman of General Licensing Committee.

4. subject to (3) above or in the event of no responses being received, it be recommended to full Council at its meeting on 20 January 2016 that the Taxi Licensing Policy be adopted.

RESOLVED (UNANIMOUS): that the press and public be excluded from the meeting during the consideration of the following items of business as they involved the discussion of information which was defined as exempt from publication under paragraphs 1 and 2 (information relating to an individual and information which was likely to reveal the identity of an individual) of Part I of Schedule 12A of the Local Government Act 1972 and in which the public interest in maintaining the exemption outweighed the public interest in disclosing it.

An application for the renewal of a hackney carriage driver?s licence was submitted.

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The applicant, Mr Moreland (accompanied by his legal representative), attended the meeting and addressed the committee.

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During the course of the meeting additional information were provided by the Licensing Officer and Mr Moreland?s legal representative some these documents included Mr Moreland?s driver?s pick up logs (Appendix 4), statutory declaration to the Magistrates? Courts, correspondence from DVLA and character references (Appendix 5).

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RESOLVED (7 FOR, 1 AGAINST): that?due to the exceptional circumstances of the case, Mr Moreland?s hackney carriage driver?s licence be renewed.