Agenda and minutes

To confirm as a correct record the minutes of the meeting of the Licensing Committee held on 12 October 2017.

The minutes of the meetings held on 12 October 2017 were confirmed as a correct record.

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

Councillor Lees declared an interest in item 7 of the agenda as a close relative knew the applicant and did not take part in the committee’s questions or deliberations in respect of that item.

Report of the Service Director Health and Wellbeing attached.

The Service Director Health and Wellbeing submitted a report to provide members of the Licensing Committee with information to assist members to determine an application from Lancashire Constabulary, submitted under section 51 of the Licensing Act 2003 (the Act), seeking a review of Premises Licence PL(A)0391, in respect of Today’s Local, 92 Lord Street, Fleetwood, FY7 6JZ.

RESOLVED that, as the licensee was unable to attend the meeting due to illness, the application from Lancashire Constabulary be adjourned and considered on Wednesday 6 December by a sub-committee made up of three members of the Licensing Committee.

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the Chief Executive has determined that the reports submitted under items 6, 7, 8 and 9 of this agenda are “Not for Publication” because they contain “exempt information”, as defined in Schedule 12A of the Local Government Act 1972.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 6, 7 8 and 9 are being considered, because 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 exemptions outweighs the public interest in disclosing the information.

RESOLVEDthat the public and press be excluded from the meeting whilst agenda items 6, 7 8 and 9 were being considered, because 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 exemptions outweighed the public interest in disclosing the information.

Report of the Service Director Health and Well Being.

The Service Director Health and Wellbeing submitted a report to provide members of the Licensing Committee with information to assist them at a hearing.

The Licensing Manager introduced the report.

The applicant, Mr C was present at the meeting and was accompanied by his wife. He was not legally represented.

Mr C spoke to the committee to explain the circumstances in his defence.

Mr C responded to questions from members of the Committee.

Mr C and Mrs C, the Taxi Licensing Officer, the Head of Environmental Health and Community Safety and the Licensing Manager then left the room whilst the committee members considered the application. The Licensing Committee then reconvened and the Chairman announced the Committee’s decision.

RESOLVED that a dual driver licence be granted to Mr C.

The Reasons for the Decisions were:

After listening to the applicant, the Committee considered that he was a fit and proper person to hold a Dual Driver’s Licence as he had been free of convictions for a substantial period of time and had made a concerted effort to turn his life around from his earlier criminal behaviours.

Report of the Service Director Health and Well Being attached.

The Service Director Health and Wellbeing submitted a report to provide members of the Licensing Committee with information to assist them at a hearing. Additional letters of support for the driver which had been received after the agenda had been compiled were also submitted to the Committee.

The Licensing Manager introduced the report.

The driver, Mr O, was present at the meeting and was legally represented by Mr W.

Mr W spoke to the committee to explain the circumstances in his defence.

Mr W responded to questions from members of the Committee.

Mr O and Mr W, the Taxi Licensing Officer, the Head of Environmental Health and Community Safety and the Licensing Manager then left the room whilst the committee members considered the case. The Licensing Committee then reconvened and the Chairman announced the Committee’s decision.

RESOLVED that Mr O’s dual driver licence be suspended for a period of seven days.

The Reasons for the Decisions were:

• The Committee did not believe Mr O to be a credible witness in relation to the female passengers whose safety he claimed to be concerned about and considered that the use of an unlicensed vehicle held serious implications for public safety. The Committee considered that other arrangements with taxi firms could have been made and Mr O should have refused to take the female passengers.

• In respect of the 3 September 2017 incident, the Committee considered that   Mr’s O driving and duty of care fell below the required standard expected of Wyre licensed drivers

• The Committee considered that Mr O’s actions warranted a sanction to ensure that his conduct will not be repeated and considered that it was proportionate and reasonable to suspend his licence for 7 days. However members of the committee felt that a harsher punishment was not warranted in the circumstances and decided not to recommend prosecution.

Report of the Service Director Health and Well Being.

The Service Director Health and Wellbeing submitted a report to provide members of the Licensing Committee with information to assist them at a hearing.

The Licensing Manager introduced the report.

The applicant, Mr OS, was present at the meeting.

Mr OS spoke to the committee to explain the circumstances in his defence.

Mr OS responded to questions from members of the Committee.

Mr OS, the Taxi Licensing Officer, the Head of Environmental Health and Community Safety and the Licensing Manager then left the room whilst the committee members considered the application. The Licensing Committee then reconvened and the Chairman announced the Committee’s decision.

RESOLVED that the application submitted by Mr OS be refused.

The Reasons for the Decisions were:

• The applicant currently had 9 points on his driving licence and the Committee after listening to the applicant, did not fully accept his explanation for his lapse in motor insurance and considered his conviction for driving without insurance to be too serious an offence to consider issuing a dual driver licence at this time.

• Wyre licensed drivers have a responsible role and are required to display a professional standard of driving, having a total regard and respect for all road and traffic regulations. The members were concerned that as the applicant already had 9 points on his licence he was not able to demonstrate to the Committee’s satisfaction that he would take this responsibility seriously enough.

·         Accordingly, the Committee were not satisfied that the applicant was a fit and proper person to be a licence holder in Wyre.

Report of the Service Director Health and Well Being.

The Service Director Health and Wellbeing submitted a report to provide members of the Licensing Committee with information to assist them at a hearing.

The Licensing Manager introduced the report.

The applicant, Mr FS, was present at the meeting.

Mr FS spoke to the committee to explain the circumstances of the incident convictions.

Mr FS responded to questions from members of the Committee

Mr FS, the Taxi Licensing Officer, the Head of Environmental Health and Community Safety and the Licensing Manager then left the room whilst the committee members considered the application. The Licensing Committee then reconvened and the Chairman announced the Committee’s decision.

RESOLVED that the application submitted by Mr FS be refused.

The Reasons for the Decisions were:

• The Committee were not satisfied that the applicant was a fit and proper person to be a licence holder in Wyre at this present time.

• It was felt that the applicant’s recent convictions of battery and damaging property earlier in the year were too serious and too recent to consider granting a dual driver licence at this time