Agenda and minutes

Licensing Driver Panel
Tuesday, 15th January, 2019 9.30 am

Venue: Lees Suite, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Sian Walter-Browne  Email: sian.walter-browne@oldham.gov.uk

Items
No. Item

1.

Apologies For Absence

Minutes:

Apologies for absence were received from Councillor A Alexander and Councillor Price.

2.

Urgent Business

Urgent business, if any, introduced by the Chair

Minutes:

There were no items of urgent business received.

3.

Declarations of Interest

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interest received.

4.

Public Question Time

To receive Questions from the Public, in accordance with the Council’s Constitution.

Minutes:

There were no public questions received.

5.

Minutes of Previous Meeting pdf icon PDF 133 KB

The Minutes of the meeting of the Licensing Driver Panel held on 4th December 2018 are attached for approval.

Minutes:

RESOLVED that the minutes of the meeting held on 4th December 2018 be approved as a correct record.

 

6.

Exclusion of the Press and Public

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

Minutes:

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they contain exempt information under paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, and it would not, on balance, be in the public interest to disclose the reports.

7.

Local Government (Miscellaneous Provisions) Act 1976 Section 61 - Review of a Dual Drivers Licence (DP/2018/37)

The purpose of this report is to ask Members to review whether, as a result of a complaint from a member of the public, the holder of an existing dual hackney carriage / private hire drivers licence, remains a ‘fit and proper’ person to hold that licence.

Minutes:

RESOLVED that, based on the information provided to the Panel, having considered the Applicant’s conduct and taking into account Oldham Metropolitan Borough Council’s ‘Statement of Fitness and Suitability (Private

Hire & Hackney Carriage)’, approved by the Council in March 2018, the licence holder be given a formal written warning and be required to complete the Council’s NVQ Level 2 by no later than 28th September 2019.

 

NOTE: the Applicant did not attend the meeting.

8.

Local Government (Miscellaneous Provisions) Act 1976 Section 61 - Review of a Dual Drivers Licence (DP/2018/38)

The purpose of this report is to ask Members to review whether, as a result of a complaint from a member of the public, the holder of an existing dual hackney carriage / private hire drivers licence, remains a ‘fit and proper’ person to hold that licence.

Minutes:

RESOLVED that consideration of the review of a Dual Hackney Carriage / Private Hire Driver’s Licence be DEFERRED to a future meeting to enable further enquiries to be undertaken.

9.

Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/01)

The purpose of this report is to inform Members of an application to renew a dual hackney carriage / private hire driver’s licence, where convictions recorded against the applicant, who has been invited to today’s hearing, calls into question whether they remain a ‘fit and proper’ person to hold a licence.

Minutes:

RESOLVED that, based on the information provided to the Panel, having considered the Applicant’s previous convictions and taking into account Oldham Metropolitan Borough Council’s conviction guidelines approved by the Licensing Committee in November 2016, the dual hackney carriage / private hire driver’s licence be granted for 12 months, the licence to be suspended for a period of 28 days and the licence holder to be given a formal written warning.

 

NOTE: the Applicant attended the meeting and addressed the Panel.

 

10.

Local Government (Miscellaneous Provisions) Act 1976 Application for Dual Driver Licence - (DP/2019/02)

The purpose of this report is to inform Members of an application to renew a dual hackney carriage / private hire driver’s licence, where convictions recorded against the applicant, who has been invited to today’s hearing, calls into question whether they remain a ‘fit and proper’ person to hold a licence.

Minutes:

RESOLVED that, based on the information provided to the Panel, having considered the Applicant’s failure to pass the multiple choice ten question exam on licensing conditions and taking into account Oldham Metropolitan Borough Council’s ‘Statement of Fitness and Suitability (Private

Hire & Hackney Carriage)’, approved by the Council in March 2018, the application for a dual hackney carriage / private hire driver’s licence be granted for 12 months.

 

NOTE: the Applicant and his representative attended the meeting and addressed the Panel.

 

11.

Local Government (Miscellaneous Provisions) Act 1976 Section 61 - Review of a Dual Drivers Licence (DP/2019/03)

The purpose of this report is to ask Members to review whether, as a result of a complaint from a member of the public, the holder of an existing dual hackney carriage / private hire drivers licence, remains a ‘fit and proper’ person to hold that licence.

Minutes:

RESOLVED that, based on the information provided to the Panel, having considered the Applicant’s conduct and taking into account Oldham Metropolitan Borough Council’s ‘Statement of Fitness and Suitability (Private

Hire & Hackney Carriage)’, approved by the Council in March 2018, the dual hackney carriage / private hire driver’s licence be revoked.

 

NOTE: the Applicant and his representative attended the meeting and addressed the Panel.

 

12.

Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/04)

The purpose of this report is to inform Members of an application to renew a dual hackney carriage / private hire driver's licence, where an offence recorded against the applicant, who has been invited to today's hearing, calls into question whether they remain a fit and proper person to hold a licence.

Minutes:

RESOLVED that, based on the information provided to the Panel, having considered the Applicant’s previous convictions and taking into account Oldham Metropolitan Borough Council’s conviction guidelines approved by the Licensing Committee in November 2016, the application for a dual hackney carriage / private hire driver’s licence be granted for 12 months.

 

NOTE: the Applicant attended the meeting and addressed the Panel.

 

13.

Licensing Drivers Panel Appeals Update

The purpose of this report is to provide Members with an update on any appeals against the decisions of the Council’s Licensing Drivers Panel.

Minutes:

RESOLVED that the up to date information on the appeals against the decisions of the Council’s Licensing Driver Panel be noted.