Agenda and minutes

Licensing Driver Panel - Tuesday, 11th June, 2019 9.30 am

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

Contact: Sian Walter-Browne 4710

Items
No.	Item
1.	Election of Vice Chair The Panel is asked to elect a Vice Chair for the duration of the municipal year. Minutes: RESOLVED that Councillor Cosgrove be appointed as Vice Chair for the duration of the Municipal Year.
2.	Apologies For Absence Minutes: There were no apologies for absence received.
3.	Urgent Business Urgent business, if any, introduced by the Chair Minutes: There were no items of urgent business received.
4.	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.
5.	Public Question Time To receive Questions from the Public, in accordance with the Council’s Constitution. Minutes: There were no public questions received.
6.	Minutes of Previous Meeting PDF 137 KB The Minutes of the Licensing Driver Panel held on 2^nd April 2019 are attached for approval. Minutes: RESOLVED that the minutes of the meeting held on 2^nd April 2019 be approved as a correct record.
7.	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.
8.	Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/12) View the reasons why item 8. is restricted View the background to item 8. 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 licence holder, who has been invited to today’s hearing, who has also failed to declare the conviction in line with licence conditions, 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 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 application to renew a dual hackney carriage / private hire driver’s licence be granted subject to:- 1. That licence being suspended for a period of 56 days and 2. Proof being provided to the Licensing Service that the insurers of the vehicle were made aware of the 2015 and 2016 convictions. NOTE: the Applicant and a family member attended the meeting and addressed the Panel.
9.	Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/13) View the reasons why item 9. is restricted View the background to item 9. 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 licence holder, who has been invited to today’s hearing, who has also failed to declare the conviction in line with licence conditions, calls into question whether they remain a ‘fit and proper’ person to hold a licence. Minutes: The Applicant was unable to attend and the matter was deferred to the next meeting.
10.	Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/14) View the reasons why item 10. is restricted View the background to item 10. 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 licence holder, who has been invited to today’s hearing, who has also failed to declare the conviction in line with licence conditions, 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 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 application to renew a dual hackney carriage / private hire driver’s licence be granted subject to the licence being suspended for a period of 28 days. NOTE: the Applicant and a family member attended the meeting and addressed the Panel.
11.	Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/16) View the reasons why item 11. is restricted View the background to item 11. 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 licence holder, who has been invited to today’s hearing, who has also failed to declare the conviction in line with licence conditions, 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 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 application to renew a dual hackney carriage / private hire driver’s licence be granted subject to:- 1. That licence being suspended for a period of 56 days and 2. Proof being provided to the Licensing Service that the insurers of the vehicle were made aware of the Applicant’s convictions. NOTE: the Applicant attended the meeting and addressed the Panel.
12.	Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/17) View the reasons why item 12. is restricted View the background to item 12. 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 licence holder, who has been invited to today’s hearing, who has also failed to declare the conviction in line with licence conditions, 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 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 application to renew a dual hackney carriage / private hire driver’s licence be refused. NOTE: the Applicant attended the meeting and addressed the Panel.
13.	Local Government (Miscellaneous Provisions) Act 1976 Application to Renew a Dual Drivers Licence (DP/2019/18) View the reasons why item 13. is restricted View the background to item 13. 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 licence holder, who has been invited to today’s hearing, who has also failed to declare the conviction in line with licence conditions, 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 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 application to renew a dual hackney carriage / private hire driver’s licence be granted subject to:- 1. That licence being suspended for a period of 56 days and 2. Proof being provided to the Licensing Service that the insurers of the vehicle were made aware of the Applicant’s convictions. NOTE: the Applicant attended the meeting and addressed the Panel.
14.	Local Government (Miscellaneous Provisions) Act 1976 Section 61 - Review of a Dual Drivers Licence (DP/2019/15) View the reasons why item 14. is restricted View the background to item 14. The purpose of this report is to ask Members to review a dual 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: The Applicant was unable to attend and the matter was deferred to the next meeting.
15.	Local Government (Miscellaneous Provisions) Act 1976 Section 61 - Review of a Dual Drivers Licence (DP/2019/11) View the reasons why item 15. is restricted View the background to item 15. The purpose of this report is to ask Members to review a dual 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 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 current dual hackney carriage / private hire driver’s licence be revoked and the pending application for a new licence be refused. NOTE: the Applicant and his representative attended the meeting and addressed the Panel.
16.	Local Government (Miscellaneous Provisions) Act 1976 Section 61 - Review of a Dual Drivers Licence (DP/2019/19) View the reasons why item 16. is restricted View the background to item 16. The purpose of this report is to ask Members to review a dual 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 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 Applicant be given a final written warning with regards to his future conduct. NOTE: the Applicant attended the meeting and addressed the Panel.
17.	Licensing Drivers Panel Appeals Update View the reasons why item 17. is restricted View the background to item 17. 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.