Agenda and minutes

Licensing Sub-Committee - Tuesday 3rd December 2024 10.00 am

Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter

Contact: Liz Smith, Democratic Services Officer  Email  committee.services@exeter.gov.uk

Items
No. Item

1.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Bennett was appointed as Chair for this meeting.

 

2.

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.

 

3.

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 and 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

4.

Hearing to Determine Whether a Holder of a Private Hire Drivers Licence is a fit and proper person to hold a the licence

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Additional documents:

Minutes:

The Respondent was not in attendance.  The Licensing Officer confirmed that the Respondent had been e-mailed with the details of the hearing on 21 November 2024 to the e-mail address on file and which the Respondent had used to communicate with the Licensing Authority. The Democratic Services Officer confirmed that the report papers had also been issued to the Respondent via e-mail on 25 November 2024 and no response had been received.  The Licensing Officer contacted the Respondent via telephone but there was no answer, a message was left advising him to attend the hearing.

 

The Licensing Sub-Committee determined to adjourn the hearing to the next available date to give the Respondent another opportunity to attend.

 

The item was adjourned to Tuesday 17December 10am.  The Licensing Authority would issue a letter to the Respondent via post and e-mail advising of the new date and that if they did not attend the matter could be heard in their absence.

 

5.

Hearing to Determine Whether an Applicant for a Hackney Carriage Drivers Licence is a fit and proper person to hold a the licence

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Additional documents:

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 taxi drivers licence.

 

The Apprentice 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 taxi drivers licence.

 

The Senior Licensing Officer presented the report and gave evidence in respect of the application.

 

The Applicant spoke in support of the application and responded to questions from Members’, the Senior Licensing Officer and the Apprentice Solicitor.

 

The Licensing Sub-Committee adjourned to allow the Applicant to retrieve documentation in respect of the relevant offences.  

 

The Licensing Sub- Committee reconvened once the Applicant had provided the Members with the additional documentation and the Applicant responded to further questions from Members’.

 

RESOLVED that the Licensing Sub-committee was satisfied that the Applicant was a fit and proper person to hold a taxi driver’s licence but should be issued with 9 taxi licence penalty points together with a formal written warning with regard to future conduct.