Agenda and minutes

After a slight delay due to the need to source audio equipment for a Councillor, the Business Partner (Litigation/Licensing) opened the meeting and advised that no apologies for absence had been received for the meeting.

Any member who is substituting for another member should so indicate, together with the name of the relevant absent member.

No substitutions were declared.

To seek nominations for the election of Chair for this sub-committee meeting.

It was unanimously

RESOLVED:

That Councillor Carol Bull be elected as Chair for the meeting.

Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda, no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.

Councillor Robert Nobbs asked that it be noted, in the interests of transparency, that the applicant resided within his Ward however he was not acquainted with the individual concerned.

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.

It was proposed, seconded and unanimously

RESOLVED:

That the press and public 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 the items and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Report No: LSC/WS/21/004

(Prior to commencing this item the Business Partner (Litigation/Licensing) sought consent from the applicant to allow the Licensing Officers present to remain in the meeting in order to observe proceedings for training purposes.)

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

He also drew attention to the procedure for the conduct of the Hearing as attached to the agenda.

The Licensing Officer presented the report which explained that Members were requested to determine an application for a combined Hackney Carriage/Private Hire Driver’s Licence under the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

Members needed to be satisfied that that the applicant was a fit and proper person to hold a licence issued by the Council. 

The Officer drew attention to the documentation submitted at Appendices 1 – 5 of Report No LSC/WS/21/004.

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

Following which the applicant and all Licensing Officers retired to another room to allow the Sub-Committee to give further consideration to the matter.

Following all parties’ return to the meeting room the Business Partner (Litigation/Licensing) advised on the Sub-Committee’s decision.

It was

RESOLVED:

That, having taken into account all representations received both in writing and orally, considered alongside the Licensing Authority’s duty to protect the public, Members accepted that the applicant’s incident in 2017 was an isolated matter.

And, after careful consideration, the Sub-Committee decided that they could depart from the policy requirement concerned as they were satisfied that re-offending was unlikely and, based on the information before them, the applicant was a fit and proper person to be granted a licence.

Accordingly, THE HACKNEY CARRIAGE/PRIVATE HIRE LICENCE APPLICATION WAS GRANTED. 

Prior to closing the meeting the Chair addressed the applicant and cautioned as to their future conduct.