Agenda and minutes

Regulatory Committee - Tuesday, 18th August, 2015 10.00 am

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Venue: Council Chamber

Contact: Jemma Duffield  Democratic Support Officer

Items
No. Item

11.

Apologies

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor B Gardner.

12.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

There were no substitute Members appointed.

13.

Declarations of Interest pdf icon PDF 37 KB

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

Minutes:

There were no declarations of interest made by Members.

14.

Minutes pdf icon PDF 37 KB

To confirm the Minutes of the meetings of the Committee held on 15 July 2015 (to follow) and 30 July 2015 (attached).

Minutes:

The Minutes of the meeting of the Committee held on 30 July 2015 were approved as a correct record and signed by the Chairman.

15.

Exclusion of the Press and Public pdf icon PDF 39 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 the business on the grounds that the items to be considered involved the likely disclosure of exempt information as defined in the paragraph of Part I of Schedule 12A of the Act.

16.

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 and Private Hire Driver’s Licence where an Enhanced Disclosure from the Disclosure and Barring Service (DBS) had shown a number of previous convictions that were relevant to the decision as to the applicant’s suitability as a fit and proper person to hold a licence to drive a taxi in the Dover District. The applicant was last convicted of an offence in November 2013, relating to incidents which took place in January and February of the same year; this was outside of the Council’s Policy which suggested that 3 years should have elapsed before an application is considered.

 

In accordance with the approved procedure Members offered the applicant and the applicant’s representative the opportunity to present evidence concerning the circumstances surrounding the convictions.

 

The Committee withdrew to consider its decision and upon resuming the Head of Legal Services explained that she had advised the committee in relation to the Council’s Policy guidelines and Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 relating to the applicant’s suitability as a fit and proper person.

 

RESOLVED:   That having regard to the evidence, the Committee considered the application for a Joint Hackney Carriage and Private Hire Driver’s Licence be refused by reason that less than 3 years had elapsed since the last incident and there was not sufficient reason to depart from the Council’s Policy.

 

17.

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 and Private Hire Driver’s Licence where an Enhanced Disclosure from the Disclosure and Barring Service (DBS) had shown a previous conviction that was relevant to the decision as to the applicant’s suitability to hold a licence to drive a taxi in the Dover District. As 3 years had elapsed since the date of the conviction the application was in accordance with the Council’s licensing policy. 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, Members offered the applicant the opportunity to present evidence concerning the circumstances surrounding the conviction. The Committee withdrew to consider its decision and upon resuming the meeting the Head of Legal Services explained that she had advised the Committee in relation to Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 and Dover District Council’s licensing policy.

 

RESOLVED:   That having regard to the evidence, the Committee considered that the applicant was a fit and proper person in accordance with Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 and the application for a Joint Hackney and Private Hire Driver’s Licence be approved for a period of 12 months.