Agenda and minutes
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Contact: Mark Devin, Democratic Services Officer (Committees) Telephone 01392 265477 or email mark.devin@exeter.gov.uk
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Appointment of Chair To appoint a Chair for the meeting.
Minutes: Councillor Holland was appointed as Chair for this meeting.
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Declarations of Interest Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item. Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.
Minutes: No declarations of interest were made by Members.
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LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 |
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LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC To pass the following resolution: RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for items 4 – 9, on the grounds that if involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.
Minutes: RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act. |
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TOWN POLICE CLAUSES ACT 1847 |
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HEARING TO DETERMINE WHETHER A HOLDER OF A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE IS A FIT AND PROPER PERSON TO HOLD A THE LICENCE To consider the report of the Environmental Health and Licensing Manager.
Minutes: The Chair introduced the Licensing Sub Committee Members and Officers.
The driver had been referred to the Licensing Sub Committee to determine if he was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.
The Solicitor set out the procedure for the hearing and explained Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 stating that the Licensing Authority must be satisfied that a driver is a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.
The Solicitor stated that evidential burden is not on the Licensed Driver to prove fitness and proprietary but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licensed Driver is no longer a fit and proper person. Every case before the Licensing Sub-Committee is heard on its individual merits and its paramount concern is the safety of the travelling public.
The Principal Licensing Officer presented the report and gave evidence in respect of the driver following receipt of a complaint made by the Devon County Council Civil Enforcement Officer Team Leader on 26th June 2018. Officers from Devon County Council gave evidence in support of the complaint.
The driver was in attendance and spoke on behalf of their fitness and proprietary and answered questions from the Licensing Sub-Committee and the Solicitor.
RESOLVED that the Licensing Sub-committee was not satisfied that the Licensed Driver was a fit and proper person to hold a taxi driver’s licence but that the licence would remain in place subject to a period of suspension to deter any future misconduct.
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HEARING TO DETERMINE WHETHER AN APPLICANT FOR A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE IS A FIT AND PROPER PERSON TO HOLD A THE LICENCE To consider the report of the Environmental Health and Licensing Manager.
Minutes: The Chair introduced the Licensing Sub Committee Members and Officers.
The applicant had been referred to the Licensing Sub Committee to determine if he was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.
The Solicitor set out the procedure for the hearing and explained Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 stating that the Licensing Authority must be satisfied that a driver is a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.
The Solicitor stated that evidential burden is on the applicant to prove fitness and proprietary on the balance of probabilities. Every case before the Licensing Sub-Committee is heard on its individual merits and its paramount concern is the safety of the travelling public.
The Principal Licensing Officer presented the report and gave evidence in respect of the applicant.
The applicant was in attendance and spoke on behalf of their fitness and proprietary and answered questions from the Licensing Sub-Committee and the Solicitor.
RESOLVED that the Licensing Sub-committee was satisfied that the Applicant was a fit and proper person to hold a taxi driver’s licence.
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HEARING TO DETERMINE WHETHER AN APPLICANT FOR A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE IS A FIT AND PROPER PERSON TO HOLD A THE LICENCE To consider the report of the Environmental Health and Licensing Manager.
Minutes: RESOLVED that the hearing be deferred for the individual to obtain the necessary paperwork.
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HEARING TO DETERMINE WHETHER AN APPLICANT FOR A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE IS A FIT AND PROPER PERSON TO HOLD A THE LICENCE To consider the report of the Environmental Health and Licensing Manager.
Minutes: RESOLVED that the hearing be deferred until the next available date.
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HEARING TO DETERMINE WHETHER A HOLDER OF A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE IS A FIT AND PROPER PERSON TO HOLD A THE LICENCE To consider the report of the Environmental Health and Licensing Manager.
Minutes: The Chair introduced the Licensing Sub Committee Members and Officers.
The driver had been referred to the Licensing Sub Committee to determine if he was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.
The Solicitor set out the procedure for the hearing and explained Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 stating that the Licensing Authority must be satisfied that a driver is a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.
The Solicitor stated that evidential burden was not on the Licensed Driver to prove fitness and proprietary but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licensed Driver is no longer a fit and proper person. Every case before the Licensing Sub-Committee is heard on its individual merits and its paramount concern is the safety of the travelling public.
The Senior Licensing Officer presented the report and gave evidence in respect of the driver.
The driver was in attendance and spoke on behalf of their fitness and proprietary and answered questions from the Licensing Sub-Committee and the Solicitor.
RESOLVED that the Licensing Sub-committee was satisfied that the Licensed Driver was a fit and proper person to hold a taxi drivers licence and the licence should remain in place but a written warning would be issued by the Chair of the Licensing Sub Committee with regard to future conduct.
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HEARING TO DETERMINE WHETHER A HOLDER OF A PRIVATE HIRE OPERATORS LICENCE WAS A FIT AND PROPER PERSON TO HOLD A THE LICENCE To consider the report of the Environmental Health and Licensing Manager.
Minutes: The Chair introduced the Licensing Sub Committee Members and Officers.
The driver had been referred to the Licensing Sub Committee to determine if he was a fit and proper person to continue to hold a Private Hire Operators Licence.
The Solicitor set out the procedure for the hearing and explained Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 stating that the Licensing Authority must be satisfied that a driver is a fit and proper person to hold a Private Hire Operator’s Licence.
The Solicitor stated that evidential burden was not on the operator to prove fitness and proprietary but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the operator was no longer a fit and proper person. Every case before the Licensing Sub-Committee is heard on its individual merits and its paramount concern is the safety of the travelling public.
The Senior Licensing Officer presented the report and gave evidence in respect of the driver.
The operator was in attendance and spoke on behalf of their fitness and proprietary and answered questions from the Licensing Sub-Committee and the Solicitor.
RESOLVED that the hearing be adjourned until 24th September 2018, for the individual to provide the operators records for the duration of the licence to date by 11am on Monday 3 September 2018.
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