Agenda item

A report from the Executive Director (Operations) is attached.

The Executive Director (Operations) submitted a report requesting that the Committee approve further delegation to Officers and to amend Council policy contained within the Council’s Conviction Guidelines, the circumstances of which were set out within the report.

The Licensing Unit Manager reported Members are aware that the consideration of driver misdemeanours and new applications form a large percentage of the business brought before the Committee. The Local Government (Miscellaneous Provisions) Act 1976 at section 51 (1) provides that in respect of private hire drivers:-

A district council shall not grant a licence to drive a private hire vehicle:

·         unless they are satisfied that the applicant is fit and proper to hold a driver licence. And similarly, Section 59 (1) provides that in respect of Hackney Carriage drivers:

A district Council shall not grant a licence to drive a hackney carriage:

·         unless they are satisfied that the applicant is fit and proper to hold a driver licence.

At present, the Council Constitution required that the Licensing and Safety Committee determines driver, vehicle and operator licences applications where the applicants do not comply with the relevant criteria or where there are grounds for refusal.  Grounds for refusal are often related to a driver’s criminal record.  Officers in the Council’s Licensing Service have delegated authority to grant applications for private hire driver and operator licences and hackney carriage driver licences where the applicant meets all the criteria of the application process and there are no grounds for refusal on the fit and proper person test.  In using those powers officers utilise the convictions policy and guidelines when determining whether or not an applicant meets the criteria with respect to convictions.

It follows that if there are grounds for refusal the application has to be considered at Committee no matter how unlikely to be granted or how often a repeat application is made.  Accepting that each case must be assessed on its own merits this report seeks to identify those applications that could be dealt with other than at Committee, leaving Members to determine those matters which are more finely balanced.

Members were made aware of the Council’s current Conviction Guidelines Policy which were last reviewed in December 2014. The current conviction guidelines were stated in the report attached to the agenda and detailed a breach of Conditions, bye-laws and complaints.

Following the request of the Committee to review the failing to declare offences, the Licensing Service requested Members to consider the delegation to licensing Officers the power forthwith to deal with applications where licence holders breach their conditions (including failing to declare offences), byelaws and complaints as currently permitted in line with the conviction guidelines as currently permitted in line with the conviction guidelines.

This would enable the Licensing Service to deal with breaches of all conditions as outlined at section 2.3 of this report unless the guidelines state otherwise but will give them flexibility to refer any matter to this Committee if the breach or complaint is so serious.

All other proposed suspension/ revocation of licensed drivers would continue to be referred to Committee; except those dealt with on immediate public safety grounds through the existing delegation contained in the Council’s constitution.

The Licensing Service can report in the Operational Report on how many warnings for breaches of conditions, byelaws and complaints had been issued if delegation was approved.

If Members were minded to agree further officer delegations it was proposed

that in circumstances where an applicant meets all the criteria, except those

as described in the Council’s Policy Guidelines  relating to convictions, the

Head of Public Protection / Licensing Unit Manger (or other duly authorised

officer not below the level of Deputy Licensing Officer) would determine

whether or not the application will be granted, refused or referred to the

Licensing & Safety Committee subject to the restrictions below.

Additionally, the Licensing Service requested that the Committee consider

delegation of the following matters to officers

·         To suspend indefinitely any existing driver unable to produce a satisfactory medical report within 4 weeks of it becoming due for renewal until such time that a satisfactory medical report is produced;

·         to refuse any similar licence application made within 12 months of a refusal unless there is a substantial and material change in circumstances.

If Members were minded to agree the further officer delegations outlined

above, it was proposed in these particular circumstances, the Head of Public

Protection / Licensing Unit Manager (or other duly authorised officer not below

the level of Deputy Licensing Officer) will determine whether or not the

application be refused or Hackney Carriage/Private Hire Drivers Licence will

be suspended until a satisfactory medical is received. Where the driver’s

licence is suspended or the application is refused the Officer will make and

retain a written record of the reasoning for the decision to suspend or refuse

this will be regarded as the decision of the Council for the purposes of the

statutory requirements. Any suspension or refusal of a licence application

would be reported to the Licensing and Safety Committee in the Operational

Report. 

Councillor Khalid requested clarity if 7 days to declare just included working

days and had concerns for those licence holders who may have to travel out

of the country at short notice following the death of a family member. The

Licensing Unit Manager reported that emails could be sent to the service to

inform them and an online declaration form was being developed for the

website.

Councillor Brown made comments that these types of decisions should be

taken by Members on the Committee and not by Council Officers. He added

that to save on appeal cases going to the Magistrate Courts and awarding

costs against the Council, when Officers refuse and an appeal was made it

should come back to this Committee.

It was agreed:

1.    To delegate to Licensing Officers the power forthwith to deal with applications where licence holders breach their conditions (including failing to declare offences), byelaws and complaints as currently permitted in line with the conviction guidelines.

2.    To delegate to Licensing officers the power to suspend indefinitely any existing driver unable to produce a satisfactory medical report within 4 weeks of it becoming due for renewal until such time that a satisfactory medical report is produced;

3.    to delegate to Licensing Officers the power to refuse any similar licence application made within 12 months of a refusal unless there is a substantial and material change in circumstances.