Agenda and minutes

Regulatory Committee - Friday, 15th March, 2013 10.00 am

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Items
No. Item

572.

Apologies

Minutes:

There were no apologies for absence from Members.

573.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

There were no substitute members appointed.

574.

Declaration of Interest

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

 

Where a Member has a new or registered Disclosable Pecuniary Interest (DPI) in a matter under consideration they must disclose that they have an interest and, unless the Monitoring Officer has agreed in advance that the DPI is a 'Sensitive Interest', explain the nature of that interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a DPI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation permitting them to do so.  If during the consideration of any item a Member becomes aware that they have a DPI in the matter they should declare the interest immediately and, subject to any dispensations, withdraw from the meeting.

 

Where a Member is declaring an Other Significant Interest (OSI) they must also disclose the interest and explain the nature of the interest at the meeting.  The Member must withdraw from the meeting at the commencement of the consideration of any matter in which they have declared a OSI and must not participate in any discussion of, or vote taken on, the matter unless they have been granted a dispensation to do so or the meeting is one at which members of the public are permitted to speak for the purpose of making representations, answering questions or giving evidence relating to the matter.  In the later case, the Member may only participate on the same basis as a member of the public and cannot participate in any discussion of, or vote taken on, the matter and must withdraw from the meeting in accordance with the Council's procedure rules.

Minutes:

There were no declarations of interest from Members.

575.

Minutes pdf icon PDF 47 KB

To confirm the attached Minutes of the meeting of the Committee held on 26 February 2013.

Minutes:

The Minutes of the meeting of the Committee held on 26 February 2013 were approved as a correct record and signed by the Chairman.

576.

Local Government (Miscellaneous Provisions) Act 1976 - DVLA Fee pdf icon PDF 65 KB

To consider the attached report of the Licensing Team Leader.

Additional documents:

Minutes:

The Licensing Team Leader presented the report on the proposed introduction of a DVLA check for licensed drivers.

 

The Committee was advised that while applicants were currently required to submit their DVLA driver's licence as part of the application or renewal process, checks were not normally made with the DVLA to verify the accuracy of the information provided unless the Licensing Officer had cause for concern.  The proposed introduction of a DVLA check using an on-line web based system provided by IDS would provide the results of the DVLA check within 48 hours and ensure the authority had the most up to date information on the licence.  It was intended that the £5.75 per check fee would be borne by the driver/applicant.

 

The Committee was advised that in addition to DVLA checks being undertaken at the time of renewal/application for a DVLA licence, the Council had the authority as part of the mandate signed by the driver/applicant to conduct additional checks over a three year period if required. 

 

RESOLVED:    (a)        That the introduction of a DVLA check via IDS for be approved.

 

                         (b)        That the charge of £5.75 per DVLA check be approved.

577.

Local Government (Miscellaneous Provisions) Act 1976 - Application to Licence Vehicle Outside of Policy Guidelines - Mrs S Reynolds pdf icon PDF 63 KB

To consider the attached report of the Licensing Team Leader.

Additional documents:

Minutes:

The Licensing Team Leader informed the Committee that Mrs S Reynolds of County Cars had applied on her own behalf (HV031 - 2006 Skoda Octavia GF06 OND) and that of another plate holder, Mrs Burrows (HV016 - 2005 Skoda Octavia GN05 UPO), for permission to renew their respective Hackney Carriage Vehicle licences.

 

The vehicles were both outside of the policy guideline which required the vehicles to have a mileage not in excess of 300,000 miles at the time when the application was made (HV016 – 307,216 miles and HV031 – 308,002 miles respectively).  Both vehicles were less than 8 years of age and had current MOT test certificates.

 

Mrs S Reynolds stated that it was intended that both vehicles would be replaced within the next 12 months, if the licence was granted, and that the delay in replacing the vehicles was due to financial pressures resulting from mechanical failures on other vehicles.  The Licensing Team Leader stated that both vehicles had been visually inspected and found to be in a satisfactory condition.

 

RESOLVED:    That, notwithstanding the Council's current policy guidelines, Mrs S Reynolds and Mrs Burrows be granted Hackney Carriage Vehicle Licences in respect of a 2006 Skoda Octavia GF06 OND and a 2005 Skoda Octavia GN05 UPO respectively for a period of 12 months.

578.

Exclusion of the Press and Public pdf icon PDF 38 KB

The recommendation is attached.

 

MATTERS WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORTS CONTAIN EXEMPT INFORMATION AS DEFINED WITHIN PART 1 OF SCHEDULE 12A OF THE LOCAL GOVERNMENT ACT 1972 AS INDICATED AND IN RESPECT OF WHICH THE PROPER OFFICER CONSIDERS THAT THE PUBLIC INTEREST IN MAINTAINING THE EXEMPTION OUTWEIGHS THE PUBLIC INTEREST IN DISCLOSING THE INFORMATION

Minutes:

It was moved by Councillor P S Le Chevalier, duly seconded and

 

RESOLVED:    That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the remainder of the business on the grounds that the items to be considered involve the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 12A of the Act.

579.

Local Government (Miscellaneous Provisions) Act 1976 - Application for a Driver's Licence

To consider the attached report of the Licensing Team Leader.

Minutes:

The Committee considered the report of the Licensing Team Leader on an application for a Joint Hackney Carriage/Private Hire Drivers Licence where an Enhanced Disclosure from the Disclosure and Barring Service (DBS) check had disclosed and confirmed previous convictions that were relevant to the decision as to the applicant's suitability to hold a licence to drive a taxi in the Dover District.  The matter had been brought before the Committee to determine whether the applicant was a Fit and Proper Person to hold a licence.

 

In accordance with the approved procedure, the applicant presented evidence concerning the circumstances surrounding the convictions.

 

RESOLVED:    (a)        That the application for a Joint Hackney Carriage/Private Hire Driver's Licence be approved for a period of six months.

 

                         (b)        That after the expiry of the six month period, any application for renewal must be brought back to the Regulatory Committee and should be accompanied by a reference from the applicant's employer.

580.

Local Government (Miscellaneous Provisions) Act 1976 - Application for a Driver's Licence

To consider the attached report of the Licensing Team Leader.

Minutes:

The Committee considered the report of the Licensing Team Leader on an application for a Joint Hackney Carriage/Private Hire Drivers Licence where an Enhanced Disclosure from the Disclosure and Barring Service (DBS) check had disclosed and confirmed previous convictions that were relevant to the decision as to the applicant's suitability to hold a licence to drive a taxi in the Dover District.  The matter had been brought before the Committee to determine whether the applicant was a Fit and Proper Person to hold a licence.

 

In accordance with the approved procedure, the applicant was given the opportunity to present evidence concerning the circumstances surrounding the convictions.

 

RESOLVED:    (a)        That the application for a Joint Hackney Carriage/Private Hire Driver's Licence be approved for a period of twelve months.

 

                         (b)        That a condition be imposed on the licence to restrict it to the transport of passengers only between the Port of Dover Ferry/Cruise Terminal and the parking facilities operated by Relyon Transport Limited in Poulton Close, Dover.