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Agenda and minutes

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Items
No. Item

PART 1 - PUBLIC

LA 18/94

Declarations of Interest

Minutes:

There were no declarations of interest made in accordance with the Code of Conduct.

LA 18/95

Exclusion of Press and Public pdf icon PDF 4 KB

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information

Minutes:

The Chairman moved, it was seconded and

 

RESOLVED:  That as public discussion would disclose exempt information, the following matters be considered in private.

PART 2 - PRIVATE

Decisions taken under Delegated Powers in accordance with paragraph 3, Part 3 of the Constitution

LA 18/96

Application for a Probationary Private Hire Driver's Licence - Case No 21/2018

(Reasons: LGA 1972 Sch 12A Paragraph 1 – Information relating to an individual)

Minutes:

(Reasons:  LGA 1972 Sch 12A Paragraph 1 – Information relating to an individual)

 

The Panel was asked to consider whether an application for a Probationary Private Hire Driver’s Licence should be granted following the receipt of information from the Driver and Vehicle Licensing Agency (DVLA) and the Disclosure and Barring Service (DBS). 

 

The Panel was advised that the response to the DVLA data release mandate form had disclosed that the Applicant had 3 Penalty Points on his Driving Licence for an Offence dated 9 December 2014 – CD10 Driving without due care and attention. The Panel noted that the Applicant had declared the offence on the questionnaire submitted with the application. 

 

The Panel was advised that the DBS Certificate had disclosed that the Applicant had a Conviction dated 30 October 2015 for Failing to give name and address after accident on 3 February 2015 – Road Traffic Act 1988 S.170(4); Failing to report accident on 3 February 2015 – Road Traffic Act 1988 S.170(4) and Drive a mechanically propelled vehicle on a road/in a public place without due care and attention on 3 February 2015 – Road Traffic Act 1988 S.3.  The Panel noted that the Magistrates Court had imposed the following: Fine £625; Costs £620; Disqualification from driving – Discretionary 6 months from 30/10/2015 and a Victim Surcharge of £63.  It was noted that the DVLA report had disclosed the offence AC10 – Failing to stop after an accident – Date of offence: 3 February 2015 (no points issued).

 

The Panel had regard to the report of the Director of Central Services and Monitoring Officer and to the following:-

 

(1)          that Section 10.2.2 of the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Policy stated that the overriding consideration was the safety of the public;

 

(2)          that Section 4.8.3 of the Policy regarding ‘Fit and Proper’ required that the Council consider each case on its merits;

 

(3)          that in respect of the relevance of previous convictions, Section 4.8.5 of the Policy required that the Council had regard to the class, age and seriousness of the offence;

 

(4)          that in respect of Cautions and Endorsable Fixed Penalties, Section 10.2.7 of the Policy stated that formal cautions and endorsable fixed penalties should be treated as though they were convictions and must be disclosed; and

 

(5)          that in respect of Major Traffic Offences Section 10.8.3 of the Policy stated that more than one conviction for this type of offence within the last 5 years would likely merit refusal of an application.   

 

The Panel gave careful consideration to the application, the DBS Certificate and the DVLA Drivers Report and listened carefully to the Applicant’s explanation of the facts and circumstances which led to the convictions and the endorsement of his DVLA Driving Licence.   The Panel took particular note of Sections 10.2.2 and 10.8.3 of the Council’s Policy and reached the conclusion that there were no compelling or extenuating circumstances to justify deviation from the Council’s Hackney Carriage and Private Hire  ...  view the full minutes text for item LA 18/96