Agenda and draft minutes

Councillor Holland was appointed as Chair for this meeting.

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.

No declarations of interest were made by Members.

It is considered unlikely that the Committee would wish to exclude the press and public during consideration of the items on this agenda.  If, however, the Committee were to exclude the press and public, a resolution in the following form should be passed:

“RECOMMENDED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the particular item(s) on the grounds that it (they) involve the likely disclosure of exempt information as defined in paragraph(s) of Part I of Schedule 12A of the Act.”

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.

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.

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

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 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 the driver was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

The Apprentice Solicitor stated that the evidential burden was on the applicant to prove fitness and propriety 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 Principal Licensing Officer presented the report and gave evidence in respect of the application.

The Complainant was in attendance via video-link and presented their statement and gave evidence in support of their complaint.

The Applicant was in attendance and spoke in respect of the conduct which had resulted in him being brought before the Licensing Sub-Committee.

The Complainant and the Applicant responded to questions from Members’, the Legal Advisor, Apprentice Solicitor and Principal Licensing Officer.

RESOLVED that the Licensing Sub-Committee was not satisfied that the Applicant was a fit and proper person to hold a driver's license for a Hackney Carriage/Private Hire Vehicle. That the renewal application be refused and a written notice of the Licensing Sub-Committee’s decision together with the full reasons would be issued to the Applicant within 5 working days.

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

The Chair introduced the Licensing Sub-Committee Members and Officers.

The Licensed 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 Apprentice Solicitor set out the procedure for the hearing and the provisions of Section 62 of the Local Government (Miscellaneous Provisions) Act 1976.

The Apprentice 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 Officer presented the report.

The Licensed Driver was in attendance and spoke in respect of the conduct which had resulted in him being brought before the Licensing Sub Committee and responded to questions from Members’, Legal Advisor, Apprentice Solicitor and Principal Licensing Officer.

RESOLVED that the Licensing Sub-committee was not satisfied that the Applicant was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle. That the Licensed Drivers Licence was revoked with immediate effect and written notice of the decision together with full reasons would be issued to the driver within 5 working days.

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

The Chair introduced the Licensing Sub-Committee Members and Officers.

The Licensed 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 Apprentice Solicitor set out the procedure for the hearing and the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976. 

The Apprentice 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 Officer presented the report.

The Licensed Driver was in attendance and spoke in respect of the conduct which had resulted in him being brought before the Licensing Sub Committee and responded to questions from Members’, Legal Advisor, Apprentice Solicitor and Principal Licensing Officer.

RESOLVED that the hearing be deferred until the next available date after the outcome of the Applicant’s prosecution.

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

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 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 was a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

The Apprentice 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 Principal Licensing Officer presented the report.

The Licensed Driver was in attendance and spoke in respect of the conduct which had resulted in him being brought before the Licensing Sub Committee and responded to questions from Members’, Legal Advisor, Apprentice Solicitor and Principal Licensing Officer.

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.