Issue - meetings

The Chair opened the meeting and welcomed those in attendance.

The Licence Holder confirmed receipt of the paperwork.

The Licensing and Enforcement Officer presented the report to the Sub Committee.

The Sub Committee procedure was followed.

The Sub Committee was adjourned at 10:50 hours, and the Licence Holder, Environmental Health Team Manager and Licensing and Enforcement Officer left the room for Members to deliberate.

The Sub Committee reconvened at 11:43 hours, and the Licence Holder, Environmental Health Team Manager and Licensing and Enforcement Officer returned to the meeting.

The Chair invited the Legal Team Manager to set out in summary the Sub Committee’s decision.

The Legal Team Manager stated the decision of the Licensing Sub Committee was: to REVOKE the combined Hackney Carriage and Private Hire Driver’s Licence WITH IMMEDIATE EFFECT.

            The Sub Committee made findings of fact and gave the following             reasons as follows:

1.     In relation to the complaint received in December 2024, the Panel listened to the complaint made to the Licence Holder’s Operator and viewed the CCTV footage of the entire journey taken from inside the Licence Holder’s taxi.

2.     The CCTV footage showed the Licence Holder conversing with a lone passenger.  For the first (approximate) 6 minutes of the journey, the conversation was ‘small talk’ about Leeds and other areas in the UK, as well as holiday destinations and pricing.  At just after 6 minutes of the journey, after a pause in the conversation, the Licence Holder asked, “what’s the nicest compliment to give to a lady?” – this part of the conversation went on for around 3.5 minutes and included discussions about online dating.

3.     At approximately 9 minutes and 25 seconds into the journey, the Licence Holder said, “I was asking one lady what does stop mean”.  The Licence Holder then continued talking about performing oral sex on a female, and stated, “where I am from stop doesn’t mean stop [laughs] stop means continue… if she says stop and she’s still there it’s more like she’s telling you, you be the one to initiate this not me, that’s the information she’s trying to pass to you”.  The conversation continued with the Licence Holder talking about initiating sex.  Shortly after this, the passenger interrupted and said they needed to take a phone call – they continued talking on the phone for the remainder of the journey.

4.     The Panel noted that the telephone call taken by the passenger had been arranged via text with their partner as they;

                          i.          Felt uncomfortable with the conversation;

                        ii.          Did not want the Licence Holder to believe they was arriving to an empty home / alone; and,

                       iii.          They were fearful the Licence Holder would try something and the passenger was alone and would not able to do anything.

            It was noted the passenger had reported the matter to the Police after             the journey had ended.

5.     The Panel listened to the Licence Holder’s explanation that nothing was meant by the conversation – they believed it to  ...  view the full minutes text for item 12

The Chair opened the meeting and welcomed those in attendance.

The Licence Holder was not present at the meeting.  The Licence Holder had informed Council Officers of their intention to return their Hackney Carriage / Private Hire Driver’s Vehicle license and remain absent for the meeting.

Moved by Councillor Emma Stevenson and seconded by Councillor David Bennett

RESOLVED that the Sub Committee proceeded in the Licence Holder’s absence.

The Licensing and Enforcement Officer presented the report to the Sub Committee.

The Council was responsible for the licensing and regulation of Hackney Carriage / Private Hire Vehicles, Drivers and Operators under the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses

Act 1847.

The Council had a Taxi Licensing Policy which set out the standards that drivers were expected to meet to show they were ‘Fit and Proper’ to hold a licence with the Council.

As part of the Council’s responsibilities, the General Licensing Sub Committee was required to consider applications and / or requests where an applicant or licence holder had failed to meet the required standards set in the Council’s Taxi Licensing Policy (the ‘Policy’).

The Licence Holder had held a combined Hackney Carriage / Private Hire Vehicle Driver’s Licence with the Council since 13^th March 2018, with the current licence due to expire on 12^th March 2027.  A copy of the licence was attached at Appendix 1 and 2.

On 22^nd October 2024, the Licensing Team had received an anonymous complaint alleging that on 21^st October 2024, at around 14:05 hours, the Licence Holder had been involved in an altercation with two scooters on Balmoral Drive after the junction of Ballater Close, Mansfield.  The complaint alleged that the Licence Holder’s vehicle was involved in an incident where their vehicle may have collided with an individual on a scooter before proceeding to drive away.

The Licensing Team subsequently contacted the Licence Holder’s Private Hire Operator to obtain a copy of the CCTV footage from the vehicle.  The CCTV footage (internal and external) of the journey subject to the complaint was shown to the sub-committee.

On 30^th October 2024, the Licence Holder had attended the Council offices to discuss the complaint, they were interviewed by the Licensing and Enforcement Officer and  Licensing Support Officer.  A copy of the minutes of this meeting was attached at Appendix 3.

During this meeting, the Licence Holder was asked on more than one occasion to lower their voice as they became frustrated at having to recount the incident.  The Licence Holder was offered the opportunity to view the CCTV footage of the incident but declined, stating they had already given their version of events to their Private Hire Operator and Nottinghamshire Police.

Following the meeting on 30^th October 2024, the Officers in attendance made a report to the Licensing Team Manager.  They had been concerned about the Licence Holder’s behaviour during the meeting.  Officers reported that the Licence Holder had been intimidating and irate, and for  ...  view the full minutes text for item 6

In attendance for this item was the applicant, Mr. Peter Hopkinson, and his son, Mr. Peter Luke Hopkinson.

The Legal Officer informed that, with other interested parties not present, it remained with Members to decide whether to adjourn or proceed with the hearing.  Members unanimously agreed to proceed with the hearing.

The Chair introduced the item and welcomed those present.

The Chair explained the procedure that would be followed and stated that the hearing was not a Court and as such strict Court rules did not apply.  Any evidence given would not be given under oath, but the Chair reminded parties that providing untrue statements was a criminal offence under the Licensing Act 2003.

With all those present confirming they had received the relevant documents, the Chair invited the Licensing Officer to present the report.

The Licensing Officer stated the Council was responsible for granting Personal Licences under the Licensing Act 2003 (the ‘Act’).  The Act set out 4 statutory objectives, each of equal importance, that had to be addressed by the Council when discharging its functions under the legislation.  Those licensing objectives were:

·       The prevention of crime and disorder;

·       Public safety;

·       The prevention of public nuisance; and

·       The protection of children from harm.

In addition to the legislation, the Council had to have regard to the Revised Guidance issued under section 182 of the Act and to the Council’s own Statement of Licensing Policy.

In May 2024, the Council had adopted a revised Licensing Act 2003 Policy (the ‘Policy’).  The report set out paragraphs 2.2 and 2.4, 2.5 and 4.2 of the Policy, which outlined the general principles of the Policy and the Act.

On 5^th July 2024, an application for a Premises Licence for Bennies Kitchen, The Old School, Mill Street, Clowne, S43 4JN was received by the Council from Mr. Peter Hopkinson.   A copy of the application was attached as Appendix 1 and the proposed plan as Appendix 2.  The application had been processed in line with the legislation and all Responsible Authorities notified.

The hearing was informed the opening and closing times were incorrectly recorded in the report; the correct times were listed.

On 18^th July 2024, Derbyshire Constabulary contacted the Applicant to suggest additional conditions be imposed upon the licence.  On 21^st July 2024, the Applicant agreed to all conditions suggested by Derbyshire Constabulary.  A copy of the agreed conditions was attached as Appendix 3.

On 5^th August 2024, a representation was received from Ms. Frances Heavey-Cook in relation to public nuisance and crime and disorder.  A copy of Ms Heavey-Cook’s representation was attached as Appendix 4.

During the consultation period, the Applicant entered into mediation with Ms. Frances Heavey-Cook to try and resolve the concerns listed in the representation letter.  As part of this process, a letter was sent to Ms. Frances Heavey-Cook and a copy of this letter was attached as Appendix 5.  At the time of writing the report, Ms. Frances Heavey-Cook’s representation  ...  view the full minutes text for item 19

In attendance for this item was the applicant, Mr. Peter Hopkinson, and his son, Mr. Peter Luke Hopkinson.

The Chair introduced the item and welcomed those present.

The Legal Officer explained it had been brought to the attention of the Council on Tuesday, 27^th August that the objectors listed in the Report had not been safely notified by 10 working days of the hearing takin place.

One objector had subsequently contacted the Council wishing to attend the hearing.  The other objector had not.

Regulation 32 of the legislation stated “the authority shall, if it considers that any person may have been prejudiced as a result of the irregularity, take such steps as it thinks fit to cure the irregularity before reaching its determination”.

Therefore, Members needed to consider whether to continue the hearing or adjourn to prevent prejudice towards the objectors.

The Chair stated, to prevent prejudice, it would be appropriate to adjourn the hearing to enable the 10 working days necessary to inform the objectors.

The Legal Officer noted, if the objectors were not present at the rescheduled hearing following safe notification, that hearing would proceed.

Apologies were expressed for the hearing to be adjourned, and the Chair thanked all those for attending.

Moved by Councillor Emma Stevenson and seconded by Councillor Amanda Davis

RESOLVED that the hearing be adjourned and a new hearing takes place.

In attendance for this item was the Licence Holder Mr. Mark Wayne Marriott and PC Andy Clay of the Derbyshire Constabulary.

The Chair introduced the item and welcomed those present.

The Chair explained the procedure that would be followed and stated that the hearing was not a Court and as such strict Court rules did not apply.  Any evidence given would not be given under oath, but the Chair reminded parties that providing untrue statements was a criminal offence under the Licensing Act 2003.

With all those present confirming they had received the relevant documents, the Chair invited the Licensing Officer to present the report.

The Licensing Officer stated the Council was responsible for granting Personal Licences under the Licensing Act 2003 (‘the Act’).  The Act set out 4 statutory objectives, each of equal importance, that had to be addressed by the Council when discharging its functions under the legislation.  Those licensing objectives were:

·       The prevention of crime and disorder;

·       Public safety;

·       The prevention of public nuisance; and,

·       The protection of children from harm.

In addition to the legislation, the Council had to have regard to the Revised Guidance issued under section 182 of the Act and to the Council’s own Statement of Licensing Policy.

The report set out that in 2024, the Council had adopted its current Statement of Licensing Policy (‘the Policy’) under the Act.  The report set out paragraphs 2.1 and 2.2 of the Policy, which outlined the general principles of the Policy and the Act.  The report also set out paragraph 7.47 of the Policy.

The Licence Holder, Mr. Mark Wayne Marriott, had held a Personal Licence issued by Bolsover District Council under the Act since 19^th July 2018.  A copy of the Personal Licence was attached as Appendix 1 of the report.

On 9^th November 2023, the Licensing Team had received information via local police intelligence reports that Mr. Marriott may have been involved in an assault at a licensed premises, and an investigation was ongoing.  Confirmation was subsequently received from Derbyshire Constabulary on 21^st March 2024, that Mr. Marriott had been found guilty of a relevant offence, namely assault by beating.  A copy of the intelligence report was attached as Appendix 2 and the confirmation of conviction was attached as Appendix 3.

On 27^th March 2024, the Licensing Team had contacted the Magistrate’s Court to confirm the outcome of the hearing; Mr. Marriot had been convicted of assault by beating. A copy of the Court extract was attached as Appendix 4.

On 5^th April 2024, the Licensing Team had received an email from Mr. Marriott stating he had been convicted of assault by beating.  A copy of the email was attached as Appendix 5.

On 17^th April 2024, in accordance with the legislation, the Licensing Team had posted a notice to Mr. Marriott at his home address informing him that the Council were considering whether to suspend or revoke his Personal Licence and inviting him to make representations.  ...  view the full minutes text for item 10

The Chair introduced the item and welcomed those present.

The Chair explained the procedure that would be followed and stated that the hearing was not a court and as such strict court rules would not apply.  Any evidence given would not be given under oath, but the Chair reminded parties that providing untrue statements was a criminal offence under the Licensing Act 2003.

With all those present confirming that they had received the relevant documents, the Chair asked the Licensing Officer to present the report.

The Licensing Officer stated the Council was responsible for granting Personal Licences under the Licensing Act 2003 (‘the Act’).  The Act set out 4 statutory objectives, each of equal importance, that had to be addressed by the Council when discharging its functions under the legislation.  Those licensing objectives were:

·       The prevention of crime and disorder;

·       Public safety;

·       The prevention of public nuisance; and

·       The protection of children from harm.

In addition to the legislation, the Council had to have regard to the Revised Guidance issued under section 182 of the Act and to the Council’s own Statement of Licensing Policy.

The report set out that in 2019 the Council had adopted its current Statement of Licensing Policy (‘the Policy’) under the Act.  The report set out paragraphs 2.1 and 2.2 of the Policy, which outlined the general principles of the Policy and the Act.  The report also set out paragraph 7.47 of the Policy.

The Licence Holder, Mr. Mark Wayne Marriott, had held a Personal Licence issued by Bolsover District Council under the Act since 19^th July 2023.  A copy of the Personal Licence was attached as Appendix 1 of the report.

On 9^th November 2023, the Licensing Team had received information via local police intelligence reports that Mr. Marriott may have been involved in an assault at a licensed premises, and an investigation was ongoing.  Confirmation was subsequently received from Derbyshire Constabulary on 21^st March 2024, that Mr. Marriott had been found guilty of a relevant offence, namely assault by beating.  A copy of the intelligence report was attached as Appendix 2 and the confirmation of conviction was attached as Appendix 3.

On 27^th March 2024, the Licensing Team contacted the Magistrate’s Court to confirm the outcome of the hearing; Mr. Marriot had been convicted of assault be beating.  A copy of the court extract was attached as Appendix 4.

On 5^th April 2024, the Licensing Team had received an email from Mr Marriott stating he had been convicted of assault by beating.  A copy of the email was attached as Appendix 5.

On 17^th April 2024, in accordance with the legislation, the Licensing Team had posted a notice to Mr. Marriott at his home address informing him that the Council were considering whether to suspend or revoke his Personal Licence and inviting him to make representations.  A copy of this notice was attached as Appendix 6.

Mr. Marriott subsequently provided his representations and two character references, which  ...  view the full minutes text for item 5

The Chair introduced the item and welcomed those present.

The Legal Officer confirmed that Mrs Tracy Kay, whose Personal Licence was under consideration was not present.  A copy of the report had been posted to Mrs Kay’s home address, but no response or representation had been received.

The Sub Committee agreed that it was in the public interest to continue with the hearing and to consider whether to suspend or revoke Mrs Kay’s Personal Licence in their absence.

The Chair explained the procedure that would be followed and stated  that the hearing was not a court and as such strict court rules would not apply.  Any evidence given would not be given under oath, but the Chair reminded parties that providing untrue statements was a criminal offence under the Licensing Act 2003.

With all those present confirming that they had received the relevant documents, the Chair proceeded and asked the Licensing Officer to present the report.

The Licensing Officer began by stating that the Council was responsible for granting Personal Licences under the Licensing Act 2003.  The Licensing Act 2003 set out four statutory objectives, each of equal importance, that had to be addressed by the Council when discharging its functions under the legislation.  Those licensing objectives were:

·       The prevention of crime and disorder;

·       Public safety;

·       The prevention of public nuisance; and

·       The protection of children from harm.

In addition to the legislation, the Council had to have regard to the Revised Guidance issued under section 182 of the Licensing Act 2003 and to the Council’s own Statement of Licensing Policy.

The report set out that in 2019 the Council had adopted its current Statement of Licensing Policy under the Licensing Act 2003.  The report set out paragraphs 2.1 and 2.2 of the Policy, which outlined the general principles of the Policy and the Act.  The report also set out paragraph 7.32 of the Statement of Licensing Policy.

The Licence Holder, Mrs Tracy Kay, had held a Personal Licence issued by Bolsover District Council under the Licensing Act 2003 since 25^th November 2005.  A copy of the Personal Licence was attached as Appendix 1 to the report.

The Licensing Officer explained that whilst Mrs Kay’s licence showed an expiry date, the Deregulation Act 2015 amended the Act to remove the requirement to renew Personal Licences.  Any licence still valid on 1^st April 2015 remained valid indefinitely until such a time when the licence lapsed or was revoked.  There was no requirement for Personal Licences to be updated to remove the expiry date.

On 20^th February 2023, the Licensing Team had received information via local Police intelligence that Mrs Kay may have been involved in an assault at a licensed premises, and an investigation was ongoing.  Confirmation was subsequently received from Derbyshire Constabulary on 18^th July 2023, that Mrs Kay had been found guilty of a relevant offence, namely assault by beating.  A copy of the notification was attached as Appendix 2 to the report.

Following a  ...  view the full minutes text for item 6

The applicant attended the meeting for Committee to consider whether he is ‘fit and proper’ to hold a hackney carriage/private hire vehicle driver’s license. Also in attendance, one of the applicant’s office managers.

The Chair opened the meeting and welcomed those in attendance. Introductions followed, with Councillor David Bennett staying as an observer.

The Chair proceeded to ask if the applicant received all their paperwork – they had.

The Licensing Officer was then invited to present their report.

The hearing procedure was followed.

The applicant, their office manager, and the Licensing Officer left the meeting at 10:32 hours whilst Committee deliberated. They then returned for the announcement of the decision.

The following edited text is from the Chartered Legal Executive’s decision letter.

The decision of the Licensing Sub-Committee was to REVOKE the combined Hackney Carriage and Private Hire Driver’s Licence.

The Sub-Committee made findings of fact and gave the following reasons as follows:

1.        The Panel considered the representations and submissions made by the applicant in relation to the failure to notify the Licensing Authority of speeding offences on two separate occasions dated 13.05.2023 and 29.02.2020. In relation to the speeding offence dated 29.02.2020 the applicant admitted they had not informed the Authority as they had forgotten. In relation to the speeding offence dated 13.05.2023, the applicant stated that they had informed the Licensing Authority by way of a telephone call. The applicant stated they could not remember the date of the telephone call but thought they had spoken to the Authority’s Licensing Manager, but the applicant could not be certain of this and the Panel did not have any supporting evidence that the applicant informed the Licensing  Authority by telephone.

2.        The Panel accepted that although the applicant had notified the Licensing Authority about the speeding offence dated 16.08.2023 by way of an email dated 18.09.2023, the notification was not within 7 days as was required by Condition 4.7 of the Authority’s Private Hire Driver’s Licence Conditions.

3.        The Panel considered the applicant’s comments about the total of 9 points on their licence and the speeding offences they had received – stating that they were a safe driver and that they had ‘just been unlucky’. The applicant stated their job involved transporting music professionals around the Country and they regularly travelled throughout the Country. They said that speeding restrictions on roads often changed, and this made it more difficult when driving on unfamiliar roads.

4.        The Panel heard that the applicant had some mitigating circumstances in that the applicant said their friend’s mother had died recently, but the Panel did not accept this was an exceptional circumstance and therefore it did not justify a departure from the Authority’s Taxi Licensing Policy.

5.        The Panel considered the number, type and frequency of speeding offences, noting the last 2 speeding offences dated 13.05.2023 and 16.08.2023 occurred within 6 months of each other. In addition, the speeding offence dated 16.08.2023 had occurred within the previous 6 months.

6.        The Panel asked themselves  ...  view the full minutes text for item 29