Agenda and draft minutes

Regulatory Committee - Tuesday, 28th February, 2023 10.00 am

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Items
No.	Item
35.	Apologies To receive any apologies for absence. Minutes: Apologies for absence were received from Councillors P M Brivio and R S Walkden.
36.	Appointment of Substitute Members To note appointment of Substitute Members. Minutes: It was noted that, in accordance with Council Procedure Rule 4, Councillors E A Biggs and M F Hibbert were appointed as substitute members for Councillors P M Brivio and R S Walkden respectively.
37.	Declarations of Interest PDF 55 KB To receive any declarations of interest from Members in respect of business to be transacted on the agenda. Minutes: There were no declaration of interest made by Members.
38.	Minutes PDF 63 KB To confirm the attached Minutes of the meeting of the Committee held on 17 January 2023. Minutes: The Minutes of the meeting held on 17 January 2023 were approved as a correct record for signing by the Chairman.
39.	Exclusion of the Press and Public PDF 51 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 N J Collor, 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 paragraph 1 of Part 1 of Schedule 12A of the Act.
40.	Local Government (Miscellaneous Provisions) Act 1976 - Application for a Drivers Licence View the reasons why item 40. is restricted To consider the attached report of the Licensing Manager. Minutes: The Committee considered the report of the Licensing Manager on an application for a Joint Hackney Carriage and Private Hire Driver’s Licence whereby an enhanced disclosure from the Disclosure and Barring Services had shown previous convictions and caution that were relevant to the decision as to the applicant’s suitability as a Fit and Proper Person to hold such a licence within the Dover district. In accordance with the approved procedure Members heard from the applicant in respect of the convictions and caution. The applicant explained the circumstances surrounding the caution and convictions, the reasons for wanting to be a licensed driver and their customer experience in other jobs. The Committee withdrew from the meeting with the legal advisors to consider its decision. The Committee considered the Council’s policy setting out its approach to convictions and other information received which might be relevant to the Fit and Proper Person test. The Committee also had the discretion to depart from the policy and in consideration of the application, the Committee noted the applicant’s honest and open approach and the full explanations provided of the circumstances that led to the caution and convictions, the low penalty imposed and the time that had subsequently passed. Upon resuming the meeting, it was RESOLVED: That, having considered the circumstances surrounding the convictions and caution, the Regulatory Committee considers that the applicant is a Fit and Proper Person and GRANTS the application for a Joint Hackney Carriage and Private Hire Driver’s Licence for the period of 1 year as applied for.

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