Agenda and minutes

Public Protection Committee - Monday, 3rd November, 2014 7.00 pm

Venue: Civic Offices, Merrial Street, Newcastle Under Lyme, Staffordshire ST5 2AG

Contact: Geoff Durham  Geoff Durham

Items
No. Item

1.

Apologies

Minutes:

Apologies were received from Cllr Bailey and Cllr Proctor.

2.

Declarations of Interest

To receive declarations of interest from Members on items included in this agenda.

Minutes:

There were no declarations of interest.

3.

Minutes of Previous Meeting pdf icon PDF 35 KB

To consider the minutes of the previous meeting held on 22 September, 2014

Minutes:

Resolved:     That the minutes be agreed as a correct record.

4.

Disclosure of Exempt Information

To resolve that the public be excluded from the meeting during consideration of the attached report, because it is likely that there will be disclosure of exempt information as defined in paragraphs 1, 2 and 7 in Part 1 of Schedule 12A of the Local Government Act 1972.

Minutes:

Resolved:     That the public be excluded from the meeting.

5.

Local Government (Miscellaneous Provisions) Act - 1976

Private Hire Driver – Mr AA

Additional documents:

Minutes:

A report was submitted to inform the Committee of the recent removal of Hackney Carriage licence plates by Staffordshire Police from a vehicle licensed by this authority.

 

On the 6th October the Councils licensing department received information that a Hackney Carriage vehicle licensed by this authority had its licence plates removed by the Police. 

 

Licensing officers from Stafford Borough Council in conjunction with Staffordshire Police conducted an operation in Stone on the 2nd October 2014 and during that operation had cause to inspect the aforementioned Hackney Carriage. The inspection revealed that the vehicle had a defective tyre (insufficient tread) had windscreen wipers that were inoperative, and had no number plate light.

 

Resolved:     a)         That a warning be issued to the driver of the vehicle stating that the Committee considered that the condition of the vehicle was unacceptable.

 

b)        That the owner of the vehicle be requested to attend the next meeting of the Public Protection Committee in December 2014.

6.

Local Government (Miscellaneous Provisions) Act - 1976

Private Hire Driver – Mr MH

Additional documents:

Minutes:

A report was submitted to inform the Committee of an application from Mr MH to renew his Hackney Carriage Drivers licence while having a conviction that fell within the Councils guidelines for the relevance of convictions.

 

Mr MH had made an application to renew his Hackney Carriage driver’s licence. Part of the application process required the Mr MH to produce his DVLA driving licence. The counterpart of the licence revealed a conviction in June 2013 for an offence coded “IN10” which was applied to the offence of driving a motor vehicle without insurance.

 

In addition to the conviction Mr MH failed to notify the Council as required in accordance with the conditions attached to his Hackney Carriage Drivers licence.

 

Resolved:     a)         That the licence be renewed for a period of 12 months.

b)        That additional training be undertaken by the applicant with the Council’s licensing officers.

c)         That the applicant appear before the Public Protection Committee in 12 months time for the Committee to consider whether to extend the licence for the full three year.

 

 

7.

Local Government (Miscellaneous Provisions) Act - 1976

Private Hire Driver - Mr MM

Additional documents:

Minutes:

To inform the Committee of an application by Mr MM to renew his Private Hire Drivers licence while having a conviction that falls within the Councils guidelines for the relevance of convictions.

 

Mr MM has made an application to renew his private hire drivers licence, part of the process requires the Mr MM to produce his DVLA driving licence, the counterpart of the licence reveals a conviction in June 2013 for an offence coded “IN10”, this is applied to the offence of driving a motor vehicle without insurance. A copy of the counterpart was attached to the report.

 

In addition to the conviction Mr MM failed to notify the Council as required in accordance with the conditions attached to a Private Hire Drivers licence.

 

Resolved:     a)         That the licence be renewed for a period of 12 months.

b)        That additional training be undertaken by the applicant with the Council’s licensing officers.

c)         That the applicant appear before the Public Protection Committee in 12 months time for the Committee to consider whether to extend the licence for the full three year.

8.

Local Government (Miscellaneous Provisions) Act - 1976

Private Hire Driver - Mr MN

Additional documents:

Minutes:

A report was submitted to inform the Committee of a recent conviction imposed on Mr MN who held a Hackney Carriage drivers licence.

 

Mr MN held a Hackney Carriage drivers licence, a condition of the licence required that Mr MN notify the Council in writing within seven days of any conviction that was imposed on him while he held a licence. In September Mr MN presented himself at the Councils offices to report that he had been convicted at North Staffordshire magistrates on the 11th September 2014 for the offence of racial abuse, to substantiate this Mr MN provided documentation from the Court which contained the relevant information. The document containing the information was attached to the report.

 

The Committee took on board the comments made and appreciated that there had been some provocation in relation to Mr MN’s actions.

 

Resolved:     That Mr MN be issued with a written warning.

9.

Local Government (Miscellaneous Provisions) Act - 1976

Private Hire Driver – Mr MAK

Additional documents:

Minutes:

A report was submitted to inform the Committee of an application for the grant of a Private Hire Drivers licence by Mr MAK.

 

Mr MAK had submitted an application for the grant of a Private Hire drivers licence. Part of the application process required the applicant to provide a disclosure from the Disclosure and Barring Service at an enhanced level.

 

The disclosure provided by Mr MAK revealed that in March 2012 he received a caution from Staffordshire Police for: - person persistently solicit for the purposes of prostitution, street offences Act 1959 s1(1).

 

Resolved: That due to the nature of the offence the application for a licence be refused in accordance with the Council’s Guidelines Relating to the Relevance of Convictions. The Committee did not deem Mr MAK to be a fit and proper person to hold a driver licence.

10.

Taxi and Private Hire Vehicle Fees 2015/2016 pdf icon PDF 33 KB

Additional documents:

Minutes:

A report was submitted requesting the Public Protection Committee to consider the proposed taxi and private hire fees prior to their consideration by the Cabinet.

.

Resolved:

 

a)         That the Committee agree to the proposed fees and that this be fed back to Cabinet.

 

b)         That the proposed fees be sent out for consultation.

11.

Urgent Business

To consider any business which is urgent within the meaning of Section 100(B)4 of the Local Government Act.