Agenda and minutes

Licensing Sub-Committee - Friday, 5th July, 2019 11.00 am

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Venue: Council Chamber, Town Hall, Royal Tunbridge Wells, TN1 1RS. View directions

Contact: Cheryl Clark  Democratic Services Officer

Items
No. Item

LSC5/19

Chairman's Introduction pdf icon PDF 54 KB

Announcement on procedural matters.

Minutes:

The Chairman opened the meeting, introduced Committee members and officers in attendance, and outlined procedural matters of the meeting.

LSC6/19

Apologies for Absence pdf icon PDF 5 KB

Apologies for absence as reported.

Minutes:

No apologies were received.

LSC7/19

Declarations of Interest pdf icon PDF 5 KB

To receive any declarations of interest by members in items on the agenda.  For any advice on declarations of interest, please contact the Monitoring Officer.

Minutes:

No declarations of interest were made by members at the meeting.

EXEMPT RESOLUTION - Taxi driver paras 1 2 & 7

EXEMPT ITEM

 

RESOLVED – That, pursuant to section 100A (4) of the Local Government Act 1972 and the Local Government (Access to Information) (Variation) Order 2006, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Act, by virtue of the paragraphs shown below:

 

Paragraph (1) – Information relating to any individual.

Paragraph (2) – Information which is likely to reveal the identity of an individual.

Paragraph (7) – Information relating to any action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.

 

LSC8/19

Determination of an application for a hackney carriage and private hire driver licence

Additional documents:

Minutes:

Mr Packham outlined the content of the report and it was clarified that the application had been referred to the Sub-Committee at the request of the Senior Licensing Officer.

 

The Sub-Committee was asked to determine whether or not this applicant was a fit and proper person to hold a Hackney Carriage & Private Hire Driver’s Licence against the background of 3 motoring offences committed in 2014.  The Sub-Committee heard from the Licensing Officer that the applicant has been free from convictions for a sufficient period of time to be given a licence within the scope of the Council’s Hackney Carriage & Private Hire Policy.

 

The applicant was given the opportunity to explain the incident leading to the offences and responded to questions raised.  Members of the Sub-Committee retired to discuss the application accompanied by the Council’s legal representative and the administrator for the meeting. 

 

The hearing was reconvened and the Chairman read out the Sub-Committee’s decision to approve the application.  Members of the Sub-Committee had accepted the applicant’s explanation that leaving the scene of an accident was down to immaturity and also accepted that the failure to have an appropriate Insurance Policy in place was merely an oversight.  In the circumstances the Sub-Committee was satisfied that the applicant was now a fit and proper person to hold a Hackney Carriage & Private Hire Driver’s Licence.

 

In accordance with the provisions of Sections 52 and 77 of the Local Government (Miscellaneous Provisions) Act 1976, there was a right to appeal against the Council’s decision. An appeal, however, would have to be lodged with the Magistrates’ Court within 21 days of the date of the decision.

 

RESOLVED – That, in accordance with the provisions of Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 and Section 46 of the Town Police Clauses Act 1847, the application for a Hackney Carriage & Private Hire Driver’s Licence be granted.