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

15.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Snow was appointed as Chair for this meeting.

 

16.

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.

17.

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 4 - 7 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.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

TOWN POLICE CLAUSES ACT 1847

18.

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

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

 

Minutes:

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

 

The applicant had been referred to the Licensing Sub-Committee to determine if they were a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

 

The Legal Advisor set out the procedure for the hearing and explained the provisions of Sections 51 and 59 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 Legal Advisor also stated that the evidential burden was on the applicant to prove their 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 and gave evidence in respect of the application. The Applicant was in attendance and spoke in support the application and responded to questions from the Members and the Legal Advisor.

 

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

 

19.

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

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

 

Minutes:

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

 

The applicant had been referred to the Licensing Sub-Committee to determine if they were a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

 

The Legal Advisor set out the procedure for the hearing and explained the provisions of Sections 51 and 59 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 Legal Advisor also stated that the evidential burden was on the applicant to prove their 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 and gave evidence in respect of the application. The Applicant was in attendance and spoke in support the application and responded to questions from the Members and the Legal Advisor.

 

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

 

20.

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

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

 

Minutes:

The Applicant was not in attendance to speak in support of the application.

 

RESOLVED that the Hearing for this matter be adjourned to a date to be confirmed following receipt of references by the Licensing Authority as required by the Taxi Policy. 

 

21.

Adjournment

Minutes:

The meeting was adjourned at 12.10pm for a lunch break.

 

During the lunch break, Councillor Parkhouse advised she was unable to return to the meeting for personal reasons relating to Covid.

 

The meeting recommenced at 1.10pm.

 

22.

Appointment of Member - Councillor Holland

Minutes:

Councillor Holland was appointed to replace Councillor Parkhouse at the meeting.

 

23.

Declarations of Interest

Minutes:

No declarations of interest were made by Members.

24.

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

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 it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.

 

25.

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

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

 

Minutes:

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

 

The applicant had been referred to the Licensing Sub-Committee to determine if they were a fit and proper person to hold a licence to drive a Hackney Carriage/Private Hire Vehicle.

 

The Legal Advisor set out the procedure for the hearing and explained the provisions of Section 51 and 59 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 Legal Advisor also stated that the evidential burden was on the applicant to prove their fitness and proprietary on the balance of probabilities. Every case before the Licensing Sub-Committee was heard on individual merit and the main concern of the Licensing Sub-Committee was on ensuring the safety of the travelling public.

 

The Principal Licensing Officer presented the report and provided evidence in respect of the application. The Applicant was in attendance, and spoke in support of the application. He was accompanied by a legal representative in respect of the matter and responded to questions from the Members and the Legal Advisor.

 

RESOLVED that the Licensing Sub-Committee were not satisfied that the Applicant was a fit and proper person to hold a driver’s licence for a Hackney Carriage/Private Hire Vehicle.  A written notice setting out the reasons for the decision shall be sent to the Applicant within the next five working days.