Agenda and minutes

An apology for absence was received from Councillor P S Le Chevalier.

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.

Where a Member does not have either a Disclosable Pecuniary Interest (DPI) or Other Significant Interest (OSI) but is of the opinion that for transparency reasons alone s/he should make an announcement in respect of a matter under consideration, they can make a Voluntary Announcement of Other Interests (VAOI). A Member declaring a VAOI may still remain at the meeting and vote on the matter under consideration”.

Note to the Code:

Situations in which a Member may wish to make a VAOI, include membership of outside bodies that have made representations on agenda items; where a Member knows a person involved, but does not have a close association with that person; or where an item would affect the well-being of a Member, relative, close associate, employer, etc. but not his/her financial position. It should be emphasised that an effect on the financial position of a Member, relative, close associate, employer, etc; OR an application made by a Member, relative, close associate, employer, etc, would both probably constitute either an OSI or in some cases a DPI.

There were no declarations of interest from Members.

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

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

It was moved by Councillor S C Manion, 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 the Paragraphs 1 and 2 of Schedule 12A of the Act.

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

The Licensing Enforcement Officer informed the Committee that an application for a Joint Hackney Carriage and Private Hire Drivers Licence where an Enhanced Disclosure from the Disclosable and Barring Services (DBS) had shown a number of previous convictions that were relevant to any decision as to the applicant’s suitability as a Fit and Proper Person to hold a licence to drive a Hackney Carriage or Private Hire vehicle 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 applicant called upon a witness to speak to his good character and suitability as a fit and proper person. The applicant’s last conviction of an offence was on 1 May 2008, which was over 5 years ago

The Committee withdrew to consider its decision and upon resuming the meeting the Senior Solicitor explained that she had advised the Committee in relation to Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 and had also advised on how the council’s policy regarding fit and proper persons related to offences on record.

RESOLVED:    That having regard to the evidence, the application for a Joint Hackney Carriage and Private Hire Drivers Licence be approved for an initial  period of six months and;

a)            That the Licensing Team monitor the applicant’s performance for the duration of this period and;

b)            That prior to the expiration of the initial six months the Licensing Team Leader submit a report to the Committee on the driver’s conduct and that no further licence shall be granted or renewed without Regulatory Committee approval.