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.

To consider the report of the Head of Service - Environment and Waste.

The Chair introduced the Members of the Licensing Sub-Committee together with the Legal Advisor, Apprentice Solicitor, Principal Licensing Officer, Licensing Officer, and Democratic Services Officer. The Legal Advisor set out the hearing procedure and the Applicant, who was in attendance, agreed that the procedure was understood.

The Licensing Officer presented the application to determine a variation of the premises licence for Newham Stores, 12-13 South Street, Exeter, EX1 1DZ, as set out in the report.

It was confirmed that three representations had been received within the statutory representation period. The representations were listed as appendices to the report. It was confirmed that the application was advertised on the premises and in the local newspaper in accordance with the requirements of the Legislation.

The Applicant spoke in support of their application and responded to questions from Members and Officers.

One of the three Respondents was in attendance and spoke against the application and responded to questions from Members.

The Applicant and the Respondent in attendance were given the opportunity to sum up.

All parties present were advised that a decision notice would be issued within five working days of the hearing.

The meeting was closed so that the Members could determine the application.

RESOLVED that the application be granted subject to the conditions as set out in the formal decision notice attached. 

BREAK FOR LUNCH: 11:29

MEETING RESUMED: 12:57

To consider the report of the Head of Service - Environment and Waste.

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

The Apprentice Solicitor set out the procedure for the hearing, advising on the Council’s policy and the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

The Principal Licensing Officer presented the report for the application to renew a licence in relation to a Private Hire SEAT Alhambra, which was over 10 years old.

The vehicle was first registered on 1 March 2015.

The Applicant submitted a current MOT dated 22 December 2025, which recorded a mileage of 166,267 miles. The vehicle had been inspected by a council officer and found to be in excellent condition. The vehicle had been licenced with Exeter City Council since 21^st March 2018.

The Applicant spoke in support of the application, making the following comments:

• they had owned the car since it was new;
• it had had all services done by the SEAT dealership;
• this vehicle only did the Devon County Council school run for students with Special Educational Needs;
• they would not have applied for this if they did not think the vehicle was in good condition; and
• SEAT had stopped making this type of vehicle so it would not be possible to replace with a new one. 

In response to questions from Members and Officers, the Applicant made the following comments:

• they were hoping to introduce daily checks using an app to track;
• the comments made in the mechanical inspection report would be addressed quickly if the application was granted;
• services were carried out every 20,000 miles as the car was on a long-life service schedule;
• the vehicle took 4 passengers and a school escort;
• telematics would be installed soon to track the vehicles, front and back facing dash-cameras and reports of driving quality;
• the vehicle was not wheelchair accessible; and
• the vehicle was Euro 6 compliant.

In summing up, the Applicant stated that they felt 10 years was too early to stop running modern cars. They also advised the panel that their drivers knew they could take their cars to SEAT and that the issues would be fixed.

RESOLVED that the application for the renewal of a licence relating to a Private Hire Vehicle over 10 years old be approved for 12 months, subject to the conditions that the vehicle would have an MOT every 6 months, and that evidence of this be provided to the Council’s Licensing Department, and that the brakes of the vehicle be inspected, as advised in the vehicle inspection report, within two months from 10^th March 2026.

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 item 6 on the grounds that it 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 item 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 Head of Service - Environment and Waste.

The Chair introduced the Licensing Sub-Committee and the Officers. The Licenced Driver had been referred to the Licensing Sub-Committee to determine if they wre a fit and proper person to hold a taxi driver’s licence.

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 the evidential burden was not on the Licenced Driver to prove he was a fit and proper person to hold a taxi driver’s licence, but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licenced Driver is no longer a fit a proper person. Every case was heard on its own individual merits and that the paramount concern of the Licensing Sub-Committee was the safety of the travelling public.

The Principal Licensing Officer presented his report to the Licensing Sub-Committee.

The Licenced Driver spoke in support of why he considered he was still a fit and proper person to hold a taxi driver’s licence and answered questions from Members and Officers.

The Licenced Driver was given the opportunity to sum up.

RESOLVED that the Licensing Sub-Committee were not satisfied that the Licenced Driver was a fit and proper person to hold a taxi driver’s licence for a Hackney Carriage/Private Hire Vehicle and that his licence should be revoked with immediate effect.