Agenda and minutes

Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter. View directions

Contact: Mark Devin, Democratic Services Officer (Committees)  Telephone 01392 265477 or email  mark.devin@exeter.gov.uk

Items
No. Item

55.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Owen was appointed as Chair for this meeting.

 

 

56.

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.

 

 

57.

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 - 7 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.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

TOWN POLICE CLAUSES ACT 1847

58.

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 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 on the Applicant to prove on the balance of probabilities that he is a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle. Every case before the Licensing Sub-Committee is heard on its individual merits and the main concern of the Licensing Sub-Committee is the safety of the travelling public.

 

The Principal Licensing Officer presented the report and gave evidence in respect of the Applicant, which during the application process a caution had been disclosed. The Applicant had provided a DBS certificate, references, and following a check undertaken by the Licensing Authority, a further offence had been identified.

 

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.

 

 

59.

Hearing to determine Whether a holder of a Private Hire Operators 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 Principal Licensing Officer informed the Licensing Sub-Committee that the Operator had surrendered the operator’s licence and the Licensing Authority had accepted the surrender prior to the hearing.  E-mail submissions from the former Operator were presented to the Members for information.

 

 

60.

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 pending receipt by the Licensing Authority of the DBS check. 

 

 

61.

Hearing to determine whether an 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 the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976. 

 

The Solicitor stated that evidential burden was not on the Licensed Driver to prove he was fit and proper but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licensed Driver was no longer a fit and proper person. Every case before the Licensing Sub-Committee was heard on its individual merits and its paramount concern is the safety of the travelling public.

 

The Principal Licensing Officerpresented the report and gave evidence in respect of the driver, who was in attendance and spoke in respect of the allegations and answered questions from the Licensing Sub-Committee and the Solicitor.

 

RESOLVED that the licensed driver was not a fit and proper person to hold a taxi driver’s licence and the licence should be revoked.  The reasons for the decision were set out to the Licensed Driver verbally and shall be issued in writing within five working days.