Agenda and draft minutes

Licensing Sub-Committee
Friday 7th June 2019 10.00 am

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

23.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor D Henson was appointed as Chair for this meeting.

 

24.

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.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

TOWN POLICE CLAUSES ACT 1847

25.

Application for the Grant of a Hackney Carriage / Private Hire Drivers Vehicle Licence Over 4 Years Old pdf icon PDF 122 KB

To consider the report of the Environmental Health and Licensing Manager.

 

Additional documents:

Minutes:

The Chair introduced the Sub-Committee and the Solicitor set out the procedure for the hearing advising of the Council’s policy and the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Senior Licensing Officer presented an application from Mr AS to grant a Private HireVehicle licence in relation to a vehicle that was over four years old at initial licensing. She advised that the matter could not be dealt with under delegated powers, and that the vehicle registration date was 10 March 2015.

 

The Council’s policy stated that an application for a first Private Hirevehicle licence where the vehicle in question was more than four years old, should not be granted. However the applicant could apply to the Licensing Sub-Committee for determination if the applicant considered their particular circumstances justifed a deviation from the policy, to, not to grant licenses for vehicles over four years of age.

 

The vehicle was a Peugeot 508, GT SW HDI Auto, registration KN15 RAU, with a recorded mileage from the latest MOT on 9 April 2019, at 35,877 miles. A V5 document, MOT status, insurance and inspection reports had been provided from the applicant.

 

Mr AS was in attendance and spoke in support of the application. He explained that he had been a Private Hire driver since 2011, however his previous vehicle had been stolen in February 2019. He explained that his insurance company pay-out had been less than the value of the stolen vehicle, but had chosen a new estate car for use by his family. The vehicle was only just over 4 years old and was considered to be in excellent condition, with a mileage of 35,000, a completed MOT and a health check performed by a garage in Manchester, in May 2019.  Mr AS considered that the vehicle was safe to use and confirmed that it had been on the road for a month.

 

RESOLVED that the application for the grant of a Private Hire Vehicle licence be approved for 12 Months.

 

26.

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC

To pass the following resolution:

RECOMMENDEDthat, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for items 5 and 6 on the grounds that they involve 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.

27.

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 was on the applicant to prove fitness and proprietary on the balance of probabilities. Every case before the Licensing Sub-Committee was heard on its individual merits and the main concern of the Licensing Sub-Committee was the safety of the travelling public.

 

The Senior Licensing Officer presented the report and gave evidence in respect of the application. The Applicant was in attendance to make a submission in support of their application and provided responses to questions from the Licensing Sub-Committee Members.

 

RESOLVED that the Licensing Sub-committee was satisfied that the Applicant was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle.

 

28.

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 was on the applicant to prove fitness and proprietary on the balance of probabilities. Every case before the Licensing Sub-Committee was heard on its individual merits and the main concern of the Licensing Sub-Committee was the safety of the travelling public.

 

The Senior Licensing Officer presented the report and gave evidence in respect of the application. The Applicant was in attendance and was accompanied by a representative to speak on their behalf. The Applicant responded to questions from the Licensing Sub-Committee.

 

RESOLVED that the Licensing Sub-committee was satisfied that the Applicant was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle.