Agenda and minutes

The Democratic Services Officer read out the procedure.

Councillor Gabriel Batt sent his apologies, Councillor Anthony Clarke was his substitute. 

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officer before the meeting to expedite dealing with the item during the meeting.

There were none.

There was none.

RESOLVED that the minutes of the last meeting on Tuesday 6^th August 2013 were approved as a correct record and signed by the Chair.

RESOLVED that the procedure for the meeting be noted.

RESOLVED “that, having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item(s) of business because of the likely disclosure of exempt information as defined by paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.”

The Sub-Committee considered the report which sought determination of an application for the grant of a combined hackney carriage/private hire driver’s licence.

The Licensing Officer reported that the applicant was not present, he had turned up but was unwell so had to leave.  The witness was present.

Following an adjournment it was

RESOLVED that the application for Mr MAW be deferred until the next available Licensing Sub-Committee and Mr MAW be put on notice that his case might be heard in absence if he did not turn up.

Reasons for decision

The applicant had attended in preparation for the determination of his application but had become ill and had to leave.

The Members wished to question the applicant and in the interests of natural justice would give him a further opportunity to attend.  They therefore deferred the determination of the application to the next available Licensing Sub Committee hearing on notice that the matter may proceed in absence on the next occasion.

The Sub-Committee considered the report which sought consideration of a caution obtained during the term of Mr AM’s licence.

The Licensing Officer reported that Mr AM had not turned up and he had not received any information about him.

Following an adjournment it was

RESOLVED that consideration of Mr AM be deferred until the next available Licensing Sub-Committee.

Reasons for decision

The Licensee had not attended the hearing today and had not given the Council any reasons for this.

However, the Members wished to question the Licensee and in the interests of natural justice they decided to defer the matter to the next available Licensing Sub Committee on notice that the matter may proceed in absence on the next occasion. 

The Sub-Committee considered the report which sought consideration of a conviction obtained by Mr KH during the term of his hackney carriage/private hire driver’s licence.

Mr KH was present.  He confirmed he had read and understood the procedure.

The Licensing Officer presented the report and stated that as part of the renewal process a Disclosure and Barring Service check was undertaken which revealed a conviction which had not been disclosed to the Licensing Section at the time or on filling the renewal form.  Mr KH had provided a statement.  The Licensing Officer circulated the Disclosure and Barring Service check and personal statement in respect of Mr KH.  The applicant and the officer withdrew from the meeting while Members took some time to consider these documents.

Mr KH put his case and was questioned.  Mr KH then made a closing statement.

Following an adjournment it was

RESOLVED that four penalty points be imposed on Mr KH’s hackney carriage/private hire driver’s licence.

Reasons for decision

Members have had to determine whether to take any action against Mr KH as he had obtained a conviction during the period of his combined hackney carriage and private hire drivers licence which he had failed to declare to the Council in accordance with the standard conditions attached to his licence. 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.  Members had to consider whether Mr KH was a fit and proper person to continue to hold such a licence and therefore asked themselves whether they would allow their son, daughter, spouse, partner of any one they cared about to travel alone in a vehicle driven by the applicant.

To assist them in making a determination Members listened to the applicant’s oral representations and took account of a Police statement, which he had provided and his own statement.

The conviction had been obtained when Mr KH was using his licensed vehicle and Members took a dim view of this.  However they noted that he had been a licensed driver with the Council since 1996 and no complaints had ever been made against him nor had he obtained any other convictions.

They recognised that he was in the process of seeking help for his problems and that he was attempting to turn his life around.  They considered that to suspend or revoke his licence would be disproportionate on this occasion.

They noted that the Council’s policy was not of assistance on this occasion but had nevertheless applied the “fit and proper” test.

Members therefore decided that Mr KH was a fit and proper person to continue to hold a private hire and hackney carriage drivers licence. 

Accordingly, they decided to impose four penalty points on his licence for not declaring the conviction to the Council in accordance with the standard conditions.