Agenda for Licensing and Regulatory Sub-Committee on Monday 27 January 2020, 4.00 pm

Agenda and minutes

Venue: Room 4, College Heath Road, Mildenhall

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

Items
No. Item

15.

Apologies for Absence

Minutes:

No apologies for absence were received.

16.

Substitutes

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

Minutes:

No substitutions were declared.

17.

Election of Chair

To seek nominations for the election of Chair for this Sub-Committee meeting.

Minutes:

It was proposed, seconded and unanimously

 

RESOLVED:

 

That Councillor Frank Warby be elected as Chair. 

18.

Exclusion of 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:

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.

19.

Review of a Combined Hackney Carriage & Private Hire Driver's Licence (Exempt: Paras 1 & 2) (Report No: LSC/WS/20/001)

Report No: LSC/WS/20/001

Minutes:

(Prior to commencing this item the Business Partner (Litigation/Licensing) sought consent from the licence holder to allow Councillor Carol Bull to remain in the meeting 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.

 

The Chair 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 review 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 driver was a fit and proper person to hold a licence issued by the Council. 

 

The Officer drew attention to the evidence submitted at Appendices 1 – 3

of Report No LSC/WS/20/001 together the Licensed Driver Conditions held within the West Suffolk Council Hackney Carriage and Private Hire Conditions Policy Handbook, which were set out at Appendix 4.

 

The Officer also outlined the steps available to Members in reaching their determination of the case before them.

 

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

 

Following which the licence holder, their consort 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.

 

With the vote being unanimous, 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, the Sub-Committee considered the matter to have been an isolated incident and therefore TOOK NO FURTHER ACTION in respect of the licence.

However, Members issued a warning to the licence holder on their future conduct and stressed that they must ensure compliance with the conditions of their licence in future.

 

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