Agenda and minutes

To receive any apologies for absence.

Apologies for absence were received from Councillors P S Le Chevalier and S C Manion.

To note appointment of Substitute Members.

There were no substitute members appointed.

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.

There were no declarations of interest from Members.

To confirm the attached Minutes of the meeting of the Committee held on 13 June 2013.

The Minutes of the meeting of the Committee held on 13 June 2013 were approved as a correct record and signed by the Chairman.

The recommendation is attached.

MATTER WHICH THE MANAGEMENT TEAM SUGGESTS SHOULD BE CONSIDERED IN PRIVATE AS THE REPORT CONTAINS 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

It was moved by Councillor R J Thompson, 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 business on the grounds that the item to be considered involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act.

To consider the attached report of the Acting Licensing Team Leader.

The Committee considered the report of the Acting Licensing Team Leader on an application for the renewal of a Joint Hackney Carriage/Private Hire Drivers Licence where 3 complaints had been made in the last year against the licence holder, one of which involved an incident that resulted in a police caution for common assault, that was relevant to the applicant’s suitability as a fit and proper person to hold a licence.

The Council’s policy on the suitability of a driver as a fit and proper person states that a police caution for violence, dishonesty and drug related offences should generally prevent the granting of a licence for a minimum period of two years and a caution for all other cases should prevent the granting of a licence for a minimum period of 12 months.

The Acting Licensing Team Leader called upon a witness to provide an account of one of the complaints made about the licence holder.

In accordance with the approved procedure, the applicant was given the opportunity to present evidence concerning the circumstances surrounding the 3 complaints and the police caution. The applicant called upon two witnesses to speak to his good character and suitability as a fit and proper person.

The Committee found as fact that the incident relating to the caution be proven but on the balance of probabilities, did not find the other two complaints to be proven as a matter of evidence.

RESOLVED:  That, notwithstanding the Council’s policy guidelines relating to police cautions and upon a detailed consideration of the circumstances leading to the applicant’s caution, the application for the renewal of a Joint Hackney Carriage/Private Hire Driver’s Licence be granted for a period of 6 months on the basis that the Committee were satisfied that the applicant remained a fit and proper person to hold a licence. The Acting Licensing Team Leader shall be authorised to renew the licence for a further 6 months if there are no further incidents or complaints involving the applicant.

The meeting ended at 11.12pm.