Agenda and minutes

Agreed that Councillor Colette Birch be appointed Chair of the Licensing Committee for the municipal year 2024/25.

Agreed that Councillor Paul Ellison be appointed Vice Chair of the Licensing Committee for the municipal year 2024/25.

Members will disclose any pecuniary and any other significant interests they may have in relation to the matters under consideration.

None.

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on Tuesday 26 March 2024.

The minutes of the meeting of the Licensing Committee held on the 26 March 2024 were approved as a correct record.

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive has determined that the reports submitted under items 7 and 8 of this agenda are “Not for Publication” because they contain “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.

If the Committee agrees that the public and press should be excluded for these items, it will need to pass the following resolution:

“That the public and press be excluded from the meeting whilst agenda items 7 and 8 be considered, as they refer to exempt information as defined in category 1 (information relating to any individual) of Part 1 of Schedule 12(a) of the Local Government Act, 1972, as amended by the Local Government (Access to Information) Variation Order 2006 and, that the public interest in maintaining the exemption outweighs the public interest in disclosing the information”.

In accordance with Paragraph 11 of the Access to Information Rules in Part 4 of the Council’s Constitution, the Chief Executive had determined that the reports submitted under agenda items 7 and 8 of the agenda were “Not for Publication” because they contained “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.

The Committee passed the following resolution “That the public and press be excluded from the meeting whilst agenda items 7 and 8 were being considered, as they referred to exempt information as defined in category 1 (information relating to any individual) of Part 1 of Schedule 12(a) of the Local Government Act 1972, as amended by the Local Government (Access to Information) Variation Order 2006 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.”

Report of the Director of Environment.

The Chair introduced the committee and the officers attending the meeting.

The applicant and representative introduced themselves. The Chair ensured that they had received all necessary information and paperwork for the hearing.

The Senior Licensing Officer introduced the report. She explained that the applicant was before members to determine whether or not he was a ‘fit and proper person’ to hold a Wyre Council Dual Driver’s Licence.

Councillor Minto asked the Senior Licensing Officer for clarification concerning a caution.

The representative spoke on behalf of the applicant. The representative highlighted that the applicant was a man of good character who had no previous problems with the police. The applicant explained how the incident in question occurred.

Councillor Baxter asked the Senior Licensing Officer for clarification regarding how cautions were treated.

The representative summarised the applicant’s case.

The applicant, representative, Manager of Food, Health & Safety and Senior Licensing Officer left the room to allow the committee to discuss their recommendation in private session.

In reaching its decision, the committee had regard to:

1.    The Council’s own Hackney Carriage and Private Hire Policy

2.    The Local Government (Miscellaneous Provisions) Act 1976

The Licensing Committee then reconvened and the Chair announced the decision.

Decision

To refuse to renew the Wyre Council Dual Driver Licence under sections 51(1)(a)(i) & 59(1)(a)(i) Local Government Miscellaneous Provisions Act 1976.

Reasons for the decision

The applicant had a recent caution for an offence of common assault, which is an offence of violence. The legislation requires that the Licensing Committee should not grant, or in this case, renew a licence unless it is satisfied that the applicant is a fit and proper person. As there is no definition of a fit and proper person in the legislation, Wyre Council have published their policy on convictions, which details the approach taken with convictions. The policy is clear that cautions are convictions for the purpose of the policy. The starting point is that a licence will not be granted until at least ten years have elapsed since the completion of any sentence.

The Licensing Committee considered the representations made by and only behalf of the applicant to determine whether they should depart from their policy in this case. The Licensing Committee accepted that a caution is at the lower end of the scale of criminal sanctions and that the circumstances surrounding the offence and the applicant’s history as a licensed driver may have allowed the Licensing Committee to reduce the conviction free period required in the policy, however this incident only took place around eight weeks ago. This was, in the opinion of the Licensing Committee, an insufficient period conviction free.  The Licensing Committee found that there were no exceptional circumstances, which would allow them to depart from their policy. The applicant was not a fit and proper person to hold a licence and they refused the application to renew the licence.

Report of the Director of Environment.

The Chair introduced the committee and the officers attending the meeting.

The applicant and representative introduced themselves. The Chair ensured that they had received all necessary information and paperwork for the hearing.

The Senior Licensing Officer introduced the report. She explained that the applicant was before members to determine whether or not he was a ‘fit and proper person’ to hold a Wyre Council Dual Driver’s Licence.

Councillor Moliner left the meeting.

The representative spoke on behalf of the applicant. The representative highlighted that the applicant had been driving for 24 years and had made significant and permanent changes to his lifestyle following some health issues.

Councillor Baxter asked the applicant if his medication had an impact on driving and what his current condition was. The applicant confirmed that his driving was not affected and no longer needed a transplant.

The Senior Licensing Officer read out the DVLA definition of alcohol dependence.

Councillor Rushforth asked the applicant for clarification regarding his blackouts.

Councillor Ellison asked the applicant if he had glasses for driving. The applicant confirmed he did.

The applicant summarised his case.

The applicant, representative, Manager of Food, Health & Safety and Senior Licensing Officer left the room to allow the committee to discuss their recommendation in private session.

In reaching its decision, the committee had regard to:

1.    The Council’s own Hackney Carriage and Private Hire Policy

2.    The Local Government (Miscellaneous Provisions) Act 1976

The Licensing Committee then reconvened and the Chair announced the decision.

Decision

To refuse to renew the Wyre Council Dual Driver Licence under sections 51(1)(a)(i) & 59(1)(a)(i) Local Government Miscellaneous Provisions Act 1976.

Reasons for the decision

The Licensing Committee can only grant or in this case renew a licence if satisfied that the applicant is a fit and proper person. As there is no legal definition of a fit and proper person, Wyre Council set out in their policy the factors taken into account when considering an applicant’s fitness. One consideration is that an applicant meets Group 2 standards in terms of their medical fitness.

Where there is doubt as to whether an applicant meets group 2 standards, advice is sought from the Council’s Occupational Health Advisor. In this case, he expressed the view that the applicant did not meet the Group 2 standard.

Drivers of licensed vehicles are required to meet the more stringent medical standards required of bus and HGV drivers. In this case, the Licensing Committee commended the applicant on the efforts made to improve their health, but they had not been persuaded to depart from their policy. The applicant was not a fit and proper person to hold a licence and they refused the application to renew the licence.