Meeting documents

Regulatory Committee (2005-2016)
Thursday, 21st October, 2010 7.30 pm

Date:
Thursday, 21st October, 2010
Time:
7:30 pm
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Councillors A.M. Lynch (Chairman), Mrs. L.J. Brunt, M.A. Brunt†, Mrs. G. Emmerton†, Dr. L.R. Hack, R. Harper, A.C.J. Horwood, G.L. Norman and S.T. Walsh

†Substitute Member
Min NoDescriptionResolution
Part I
10. MINUTES
 RESOLVED that the Minutes of the meeting held on 3 June 2010 be approved as a correct record and signed.
11 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
 Councillor Mrs B.J. Thomson (sub: Councillor Mrs G Emmerton) and
Councillor S.S. Banwait (sub: Councillor M.A. Brunt)
12 DECLARATIONS OF INTEREST
 There were no declarations of interest.
13 ANY OTHER URGENT BUSINESS
 None.
14 EXEMPT BUSINESS
RECOMMENDED that members of the Press and public be excluded from the meeting for the following items of business under Section 100A(4) of the Local Government Act 1972 on the grounds that:
 RESOLVED, that members of the Press and public be excluded from the meeting for the following item of business under section 100A(4) of the Local Government Act 1972 on the grounds that:

(i) it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act; and

(ii) the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Part II(Confidential)
15 APPLICATION FOR A PRIVATE HIRE DRIVER LICENCE
  • (Attachment: 2)Agenda item: 6 (report)
  • |
    (Attachment: 3)Agenda item: 6 (annexes)
Minute for Minute Number 15
RESOLVED that the applicant be granted a licence to act as a private hire driver, subject to successfully completing a knowledge test.

Reasons for the Decision

The Committee considered the report and submissions including additional papers supplied by the applicant.

It was noted that the applicant had committed no offence for a period of more than ten years and had a reference for similar work.

The Committee fully supports the Council's aim to ensure that the behaviour and conduct of its licensed drivers is of the highest standard.

The Committee concluded, in compliance with s51 of the Local Government (Miscellaneous Provisions) Act 1976, that the applicant is a fit and proper person to hold a private hire driver's licence.
8.38 pm

Minute

Min NoMinute
15The Committee received a report upon an application for a private hire driver's licence. The report included details and the relevant papers for the current application and for an earlier application made by the applicant in February 2010.

The application was before the Committee for determination because the applicant did not disclose all relevant details in his application made in February 2010. This became apparent from the Criminal Records Bureau Enhanced Disclosure which gave details of two prior convictions under a previous name not disclosed in the application papers. The application was therefore refused and the applicant was warned that any future applications would go before the Committee. No further action was taken against the applicant because of the omission.

The applicant subsequently reapplied in July 2010, and the application was now before the Committee for determination. Full details of the applicant's previous name and past convictions were included in the current application, as set out in the papers before the Committee.

The report before the Committee also made reference to an application made by the applicant in 2007. At that time, a file note was recorded by officers, saying that the previous convictions had been disclosed on the CRB check. The application was not followed through by the applicant and the CRB check was subsequently destroyed.

The Committee followed the proceedings set out in Procedure Note A, circulated to all those present.

The applicant attended the hearing accompanied by a friend.

The Licensing Officer presented the application and circulated a copy of the CRB check to the Committee. It was noted that these papers were to be treated in strict confidence and to be collected and destroyed at the end of the meeting.

The following papers submitted by the applicant were also circulated:

• school psychologist's report
• background information on dyslexia
• reference from previous employer

The Committee adjourned from 7.40 pm to 7.45 pm to read through the tabled papers.

The applicant then addressed the Committee in support of his application and responded to questions from the Committee.

It was noted that the applicant had difficulties in completing paperwork because of issues with reading and he also had moderate hearing problems. The previous convictions dated back to 1989 and 1994 and the applicant had not appreciated their relevance to the application, believing that they were now fully spent. The earlier incident occurred when he was aged 17 and he received a full discharge. The second incident resulted in a community service order.

The applicant's change of name was because of his mother's remarriage, when for a period of time he took his stepfather's name.

The applicant's friend addressed the Committee in his support, stating that he had known the applicant for some 18 years and had helped him to complete forms in the past, because the applicant recognised he has difficulties with these.

It was also noted that the applicant had recently been employed to transport secure goods, and that the company's director had provided a satisfactory reference on his behalf.

The Committee adjourned at 8.03 pm to deliberate in private session
and reconvened at 8.37 pm to give its decision.