Agenda and draft minutes

To elect a Member to act as Chair of the meeting.

The decision:

That Councillor Tim Grogan be elected as Chair for the duration of the meeting.

(Councillor Grogan in the Chair)

There were no apologies for absence.

Shortly prior to the commencement of the Sub-Committee hearing, the Applicant informed Members that their legal representative was unable to make it before the start of the meeting due to traffic. The Sub-Committee considered delaying the hearing for a short time, but the Applicant’s representative believed that they were at least an hour away. The Applicant’s representative enquired as to whether they could attend remotely, however, no provision for remote attendance was available at short notice. The Sub-Committee decided that it was in the public interest that the hearing not be adjourned and would proceed in their absence.

Councillors are invited to declare at this point any disclosable pecuniary interests they have in items appearing on this agenda, including the nature of those interests.

There were no declarations of interest.

To confirm the procedure to be followed at the meeting.

The decision:

The Sub Committee agreed the procedure for the meeting as outlined by the Chair.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of Item 6 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

The decision:

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of item 6 on the agenda on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act as the Sub-Committee was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

To receive a report from the Corporate Director of Environment.

Considered:

A report of the Corporate Director – Environment regarding the consideration for the grant of a Hackney Carriage / Private Hire Driver Licence.

The Licensing Sub-Committee considered the written report and verbal presentation from Mr Chadwick, who advised that in October this year an application for a dual driver’s licence was received from the Applicant, and that a check of the Applicant’s DVLA records confirmed 9 penalty points on their driver’s licence. A due diligence check with North Yorkshire Police confirmed the following convictions:-

            CU30 20 August 2021 - Defective Tyre

MS90 23 September 2022 – Failing to give information as to the identity of the driver of a vehicle on request, following initial offence of exceeding the statutory speed limit travelling at 41mph in a 30mph zone

Mr Chadwick reminded Members that before granting the application they should be satisfied that the Applicant is a ‘fit and proper person’ to hold a dual driver’s licence as detailed in the Taxi and Private Hire Vehicle Standards issued by the Department of Transport.

Mr Chadwick also referred the members to North Yorkshire Council Hackney Carriage and Private Hire Licensing Policy, explaining that to grant this application would be departure from Policy which members should only do if they were satisfied that the Applicant had shown specific circumstances to justify an exception to policy being made.

Mr Chadwick reminded members of paragraph 506 of the policy in particular, which provides -

506. Applicants and licensed drivers with nine or more penalty points endorsed on their driving licence in any rolling three-year period will normally be refused or revoked and will not normally be granted a licence until at least three years have elapsed from the date of the last offence.

In support of their application the Applicant presented to the Sub-Committee Members a written submission as well as five character references, a statement made by their son, a copy of an annual inspection sheet vehicle checklist dated 8th November 2023, service booking for 21st December 2023, correspondence relating to the Applicant’s upcoming appeal to the MS90 conviction made on 24th October 2023 at North Yorkshire Magistrates Court – sitting at Skipton Magistrates court, and customer feedback form.

In answer to questions from Members, the Applicant confirmed that they are a director of a taxi company and, although they have not held a private hire or hackney carriage driver licence in the past, they have experience in the taxi industry. The Applicant also advised of the circumstances around their convictions. With regard to the CU30 conviction, the Applicant explained, as also reflected in their written statement, that this was as a result of purchasing part-worn tyres and having been informed by the seller that they would be safe for use for 3 – 4 months. However, approximately two weeks after purchasing the tyres, they were stopped by police during local routine checks where they were then convicted for driving with a defective tyre, incurring 3 penalty points on their driver’s licence. When  ...  view the full minutes text for item 97.