Agenda and draft minutes

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

None.

To approve as a correct record the Minutes of the meeting of the Licensing Committee held on Tuesday 10 December 2024, Wednesday 11 December 2024 and Tuesday 17 December 2024.

The minutes of the meetings of the Licensing Committee held on Tuesday 10 December 2024, Wednesday 11 December 2024 and Tuesday 17 December 2024 were confirmed 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Constitution, the Chief Executive has determined that the report submitted under items 5 and 6 of this agenda are “Not for Publication” because they contain “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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 5 and 6 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the Chief Executive had determined that the report submitted under agenda items 5 and 6 of the agenda were “Not for Publication”, as defined in schedule 12 A of the Local Government Act 1972.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 5 and 6 were being considered, as they referred to exempt information as defined in category 1 (information relating to any individual) 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 applicant and his solicitor introduced themselves. The Chair, Councillor Birch introduced the Committee and the officers attending the meeting and checked that the applicant had received all necessary documents.

The Senior Licensing Officer introduced the report. He explained the applicant’s background with the Council and the criteria for an applicant to be considered ‘fit and proper’.

The Senior Licensing Officer responded to the following questions from the applicant’s solicitor:

• If the report was suggesting that the applicant had behaved dishonestly.
• If the DBS had since been checked, and if it was correct that there were no offences included within it.
• If correspondence from the applicant’s MP had been received.
• When had the licence been revoked.
• If when the applicant submitted the application, he held a full valid driver’s licence.
• If reasoning for the revocation of licence was given by the DVLA to the Licensing department.
• What reasoning did he have to believe that the applicant had driven to the Council offices for his meeting with the Licensing department. 
• If he still believed that referring the application to the Licensing Committee was the correct route.

The Senior Licensing Officer also responded to the following questions from the Committee:

• If a response had been received from Lancashire Constabulary as a result of the referral from the Licensing department.
• Why had the applicant had to submit his driving licence to the Licensing department.
• If it was correct that the driving licence wasn’t revoked for a malicious crime but rather for a clerical error on the applicant’s behalf.
• If the applicant currently met all the criteria to be issued a licence.

The applicant’s solicitor addressed the Committee. He addressed that the applicant had a 30-year unblemished record of driving for Wyre Council and this was his first appearance before the Licensing Committee. He explained that this was a result of a clerical error due to the applicant struggling with technology.

Members had no further questions.

The applicant, his solicitor, and the Licensing team 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:

The Committee considered the facts presented to them and were concerned that, despite being aware that DVLA had revoked his driving licence, the applicant made a number of requests for his dual driver’s licence to be issued to him and attended Council offices on 17 December in person. The revocation may have only been due to an administrative oversight, but, in the Committee’s view, the applicant was aware that he was asking for a dual driver’s licence when he did not fulfil the requirements as he did not have a valid DVLA driving licence at that time. This behaviour was balanced against the applicant’s history of over 20 years as a licensed driver. This to date unblemished  ...  view the full minutes text for item 10.

Report of the Director of Environment.

The Chair addressed that this item was now being recommended for deferral to allow the applicant’s employer to attend the hearing.

The Senior Solicitor provided clarification for the Committee.

Decision:

The Committee agreed to defer the application until the next meeting.