Councillor Thomas (J) was elected as Chairman for the meeting.

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 1 March 2018, 22 March 2018, 5 April 2018 and 12 April 2018.

The Minutes of the meetings of the Sub-Committee held on 1 and 22 March, 5 and 12 April 2018 were confirmed as a correct record and signed by the Chairman.

To consider an application to renew a Torbay Council issued dual Hackney Carriage and Private Hire drivers Licence.

Members considered a report that sought a review of a Dual Hackney Carriage and Private Hire Drivers’ Licence.  The Principal Licensing Officer advised Members that the review follows a renewal application from Mr James Uglow, which was made on 28 April 2018.  In his application Mr Uglow had declared that he holds a current conviction by entering ‘Yes: £300 fine’ on the form but provided no other details as to what this fine related to.  The renewal did not included a DBS, which was a requirement for this application, though this was subsequently submitted on 4 May 2018, as it had only been applied for on 20 March 2018.  The Disclosure confirmed that Mr Uglow had been convicted for ‘destroy or damage property (value of damage £5000 or less – Offence against Criminal Damage Act 1971).  Mr Uglow was given a conditional discharge and costs were awarded against him for this offence.

At the Hearing, Mr Uglow confirmed that he had submitted the notification in October 2015 but could not provide proof of this and referred to his emails set out in Appendices 2 and 4 of the submitted report which also provided background details to the offence.

Decision:

That Mr James Uglow’s Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence be renewed and that he receive a formal written warning for the incident which led to the conviction and his failure to notify the Licensing Authority of this conviction, as set out in Torbay Council’s Hackney Carriage and Private Hire Licensing Policy.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to renew Mr Uglow’s Drivers’ Licence having unanimously voted that in their opinion, he did ‘remain a fit and proper person’ to hold a Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence.

In coming to that decision, Members noted that it was an isolated incident which resulted in the conditional discharge and that during his time as a driver licensed by Torbay Council, there were no issues of concern or complaints received.

Whilst Members noted Mr Uglow’s submission that he had provided the Licensing Authority with notice of his conviction in October 2015, they could not be satisfied that this had occurred, as Mr Uglow was not able to provide evidence to support this submission and having checked their systems, officers of the Licensing Authority could find no such notice.

It was of concern to Members that Mr Uglow had continued working as a licensed driver for two and a half years without the Licensing Authority being able to make a determination as to whether or not he ‘remained a fit and proper person’ following that conviction and it was only at the renewal stage of his driver badge, that the conviction had come to light.

As such, and having been satisfied that Mr Uglow had shown remorse for the situation he found himself in and was now fully aware his obligations as a licensed driver, along with assurances given  ...  view the full minutes text for item 13.

Prior to consideration of the item in Minute 15 the press and public were formally excluded from the meeting on the grounds that the item involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

To consider a report that seeks a review of a dual Hackney Carriage and Private Hire drivers licence.

Members considered a report that sought a review of a Dual Hackney Carriage and Private Hire Drivers’ Licence, as set out in the submitted exempt report.  At the Hearing, the Applicant and his representatives provided an update in respect of the issues raised in the report and responded to Members’ questions.

At the Hearing, an email from the Licensing Enforcement Officer to Mr Cox, Environmental Health Manager (Commercial) dated 30 May 2018 in respect of a telephone call between an Officer of the Licensing Authority and the Driver was circulated to all parties, with the agreement of the Chairman.

Decision:

That the Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence be reinstated and that the driver, as named in the exempt report, be issued with a formal written warning about appropriate conduct whilst carrying out his duties as a driver licensed by Torbay Council and that a condition be added to his Licence which stipulates that there must be no physical contact between himself and any passenger, unless in the case of a medical emergency or to provide mobility assistance.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to reinstate the drivers’ licence, as named in the exempt report, by a majority vote; having been satisfied that in light of the evidence before them, he did ‘remain a fit and proper person’ to hold a Torbay Dual Hackney Carriage and Private Hire Drivers’ Licence.

In coming to that decision, Members applied the test set out in Appendix A, Section 1.2 at page 26 of the Torbay Council’s current Hackney Carriage and Private Hire Licensing Policy and noted the driver’s fifty years’ experience and previous unblemished record as a driver licensed by Torbay Council.

In addition, Members noted that whilst the allegation made against the driver was dismissed at Court, they remained concerned by the submissions made by him in Police interview and at the Licensing Sub-Committee hearing, in respect of passengers known to him.  Notwithstanding this concern, Members were satisfied by majority that the driver did not pose a risk to general members of the public but should he continue to conduct himself in an over familiar manner to persons known to him which in their opinion fell well below the standards reasonably expected by them of a professional driver; this in itself may pose a risk not only to that which may be perceived by others who are not aware of an established relationship between the driver and regular passengers but to himself also, against future criminal allegations.

In noting the submissions by the driver with regards to it being in his culture to conduct himself in a certain manner, Members were very clear that such familiar conduct was inappropriate, unacceptable and fell well below the standard reasonably expected by them of a driver licensed by Torbay Council and should the driver fail to change in this regard, he ran a high risk of similar allegations being made against him in the  ...  view the full minutes text for item 15.

To consider adjourning the meeting until 1.30 p.m. on Thursday, 31 May 2018 to deal with the remainder of the business on the agenda.

At this juncture the meeting was adjourned until 1.30 p.m.

To consider an application for a Review of a Premises Licence in respect of Off Licence TQ Ltd, 15 Lucius Street, Torquay

Members considered a report on an application for a review of a Premises Licence in respect of Off Licence TQ Ltd, 15 Lucius Street, Torquay.

Written Representations received from:

Additional Information:

The Respondent circulated photos of the inside of the premises, showing a sworn off pool cue and the switch this was used to turn off which is too high to reach, signs and maps which are on the counter, training information and updated challenge 25 information.

Oral Representations received from:

Decision:

That the Premises Licence in respect of Off Licence TQ Ltd, 15 Lucius Street, Torquay, be revoked.

Reason for Decision:

Having carefully considered all the written and oral Representations, Members resolved to revoke the Premises Licence for Off Licence TQ Ltd as they could not be satisfied that the Respondent, who is the current sole director of the company that holds the premises licence, would  ...  view the full minutes text for item 17.