MINUTES OF A MEETING OF THE LICENSING PANEL HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON 27 FEBRUARY 2004 COMMENCING AT 10

35. MINUTES

RESOLVED :

THAT, subject to minute No 34, paragraph 4, being amended to read “All Parish Councils, Town Councils, Forums and members of the IW Council had been consulted and the responses of those who had replied were reported to the Panel”, the Minutes of the meeting held on 20 February 2004 be confirmed.

36. DECLARATIONS OF INTEREST

There were no declarations of interests made at this stage.

37. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) Application for the Renewal of a Street Trading Consent

Members were informed that, following discussions between the consent holder, Mr M Tracey, and the Hampshire Constabulary, the comments submitted by the Hampshire Constabulary had been withdrawn. As no further objections had been received, the application for the renewal of a Street Trading Consent had been approved by the Licensing Officer, under delegated authority.

RESOLVED :

THAT as the Council’s Licensing Officer, under delegated authority, had approved the matter, the item be withdrawn.

(b) Application for the Grant of a Public Entertainment Licence for Cats, 15 Shooters Hill, Cowes

The Panel were informed of additional papers/photographs that an objector and the applicants’ representative wished to submit as late evidence. It was noted that the Panel had also been circulated with additional papers received from the applicant and from the same objector since the dispatch of the agenda. The Councils’ Senior Solicitor reminded members of the procedure with regard to such evidence, which could be accepted subject to the discretion of the Panel. The Panel adjourned to private session.

The Panel reconvened in public. The Licensing Officer, having sought legal advice, addressed the Panel to request that the matter be now adjourned to allow for further time to properly reconsider the recommendation, as set out in the report, in the light of the late evidence presented.

The Council’s Senior Solicitor indicated that during the private discussions the Panel had been minded to propose for a site visit to be undertaken, to view the premises and the surrounding area concerned. Neither party expressed any objection to this proposal. The Panel adjourned to private session.

Upon reconvening in public it was indicated that the Panel, having regard to the amount of late evidence, particularly the photographs and the request of the Licensing Officer for an adjournment, felt that the decision to adjourn the application was a correct one.

RESOLVED :

THAT the application be formally adjourned to 16 March 2004 and for a site visit to be arranged for members of the Panel to assist in the consideration of the application.

(c) To Consider Whether Mr G Morrow is Still a Fit and Proper Person to Continue to Hold a Hackney Carriage and Private Hire Driver’s Licence and for Breach of Hackney Carriage/Private Hire Driver Licence Conditions

The Panel received the report of the Head of Consumer Protection setting out the background as to whether Mr G Morrow should be considered a fit and proper person to continue to hold a Hackney Carriage/Private Hire driver’s licence due to his conviction of an offence involving dishonesty and of fraudulently obtaining a Hackney Carriage/Private Hire driver licence.

The Panel were reminded that this item had previously been adjourned twice. Mr Morrow had requested an adjournment, at the meeting of 13 January 2004, to seek legal advice and again, at the meeting held on 3 February 2004, the matter was adjourned due to the non-appearance of Mr Morrow. Members were advised that Mr Morrow had not been able to obtain legal representation due to personal circumstances.

It was reported that the investigating police officer involved in the case had provided a witness statement detailing the situation, which led to the charges and the subsequent conviction of Mr Morrow. The Panel were reminded of the issues to be considered and that the proceedings should not be a retrial of the offences committed. As the statement was marked “Restricted” the Panel adjourned to private session in order to ascertain whether the statement was relevant to the matter before them.

Upon reconvening in public, it was indicated that the Panel did not consider the statement to be relevant to the case and that there was sufficient evidence within the body of the report and items exhibited, in order for them to take a decision on the matter.

The Panel noted that the Council’s policy had been adopted from the Guidelines relating to the Relevance of Convictions as issued by the Department of Transport, which set out that, for an offence involving dishonesty, a person should be able to show three to five years free of convictions.

The applicant was present and outlined his case.

The Panel adjourned to private session. Upon reconvening in public it was indicted that the Panel considered that, in the light of the convictions against Mr Morrow in the Magistrates Court and the fact that the Court had to arrange his presence by way of a warrant, that it would not be in the interests of the public for him to continue to drive for hire and reward.

RESOLVED :

That Mr G Morrow’s Hackney Carriage/Private Hire Driver’s licence be revoked as he was no longer considered to be a fit and proper person to hold such a licence, due to being convicted of an offence involving dishonesty and obtaining a licence by deception.

CHAIRMAN