Agenda and minutes

Forest Heath Licensing and Regulatory Sub-Committee - Monday 28 November 2016 10.00 am

Venue: Council Chamber, District Offices, College Heath Road

Contact: Helen Hardinge  Email: helen.hardinge@westsuffolk.gov.uk

Items
No. Item

30.

Apologies for Absence

Minutes:

There were no apologies for absence.

31.

Substitutes

Minutes:

There were no substitutes present at the meeting.

32.

Election of Chairman

Minutes:

With the vote being unanimous, it was

 

          RESOLVED:

 

          That Councillor Carol Lynch be elected Chairman.

33.

Exclusion of the Press and Public

To consider whether the press and public should be excluded during the consideration of the following items because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against each item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

With the vote being unanimous, it was

 

          RESOLVED:

 

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972 and indicated against each item.

34.

Application for the Grant of a Combined Hackney Carriage/Private Hire Driver's Licence (para 1) (Report No: LSC/FH/16/005)

Report No: LSC/FH/16/005

Minutes:

The Business Partner (Litigation/Licensing)welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to the Panel were made by the Chairman.

 

The Business Partner (Litigation/Licensing) outlined the procedure for the conduct of the Hearing.

 

The Licensing Officer then presented the report which explained that Members were requested to consider an application for a combined Hackney Carriage/Private hire driver’s licence.

 

The Sub-Committee needed to be satisfied that the applicant was a fit and proper person to hold a licence issued by the Council; the Licensing Officer drew attention to Appendix 3 (of Report No LSC/FH/16/005) which set out the Taxi and Private Hire Vehicle Licensing Criminal Convictions Policy and which served as guidance for Members.

 

The applicant attended the meeting to present their case and answer Members’ questions.

 

Following which the Sub-Committee retired to another room to give further consideration to the matter.

 

On returning to the Council Chamber the Business Partner (Litigation/Licensing) advised all on the Sub-Committee’s decision.

 

With two voting for the motion and with one against, it was

 

          RESOLVED:

 

That the application be REFUSED on the basis of the applicant’s previous convictions.  In particular, consideration was given to the firearms offence which usually requires a conviction free period of at least 10 years.  It was acknowledged by the Sub-Committee that the applicant may not have carried out the acts leading to the prosecution, but was certainly aware of the activities taking place on the applicant’s property and benefitted financially from those activities by way of payment of rent.

 

The Business Partner (Litigation/Licensing) also advised the applicant on the right of appeal.