Agenda and minutes

Regulatory Committee - Tuesday, 20th August, 2013 10.00 am

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Items
No. Item

159.

Apologies

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor S C Manion.

160.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

There were no substitute members appointed.

 

161.

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.

 

162.

Local Government (Miscellaneous Provisions) Act 1976 - Application to licence vehicle outside of policy guidelines - Mr M Oatridge pdf icon PDF 51 KB

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

Additional documents:

Minutes:

The Licensing Team Leader advised the Committee that Mr M Oatridge had applied for permission to transfer a Hackney Carriage Vehicle licence (HV001) to a 2008 Citroen C4 Picasso (CE08 EUU), first registered on 1 March 2008.

 

The vehicle was outside the Council’s Hackney Carriage and Private Hire Licensing Policy 2013-16 by reason that it exceeded five years of age. However, at 56,418 miles the vehicle was under the 100,000 miles limit.

 

The Committee adjourned to examine the vehicle accompanied by the applicant and officers and upon reconvening it was

 

RESOLVED:      That, not withstanding the Council’s current policy guidelines that Mr M Oatridge be granted a Hackney Carriage Vehicle licence in respect of a 2008 Citroen C4 Picasso (CE08 EUU) for a period of 12 months.

 

163.

Exclusion of the Press and Public pdf icon PDF 37 KB

The recommendation is attached.

 

MATTERS 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

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 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.

164.

Local Government (Miscellaneous Provisions) Act 1976 - Application for renewal of a Joint Drivers Licence

To consider the attached report of the Acting 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 a disclosure from the Disclosure and Barring Service (DBS) had shown two previous convictions that were relevant to the decision as to the applicant’s suitability to hold a licence to driver a taxi in the Dover District.

 

In accordance with the approved procedure Members offered the applicant the opportunity to present evidence concerning the circumstances surrounding the convictions. The Committee withdrew to consider its decision and upon resuming the meeting the Senior Solicitor explained how the Council’s policy regarding fit and proper persons related to offences on record.

 

RESOLVED:   (a) That, having regard to the evidence heard, the existing convictions and the conviction for failing to insure a vehicle within the last three years which is classed as a major motoring offence under the policy, the application for a Joint Hackney Carriage/Private Hire licence be refused.

 

(b) That the driver be advised of the right of appeal against the determination.