Agenda and minutes

Licensing Sub-committee - Tuesday, 8th October, 2019 10.00 am

Venue: the Preston Room, Woodgate Chambers, Woodgate Loughborough. View directions

Items
No. Item

1.

Declarations of Interest

Minutes:

No declarations were made.

2.

Exempt Information

It is recommended that members of the public be excluded from the meeting during the consideration of the following item on the grounds that it will involve the likely disclosure of exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

RESOLVED that members of the public be excluded from the meeting during the consideration of the following item on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

3.

Review of Driver's Licence in Accordance with Hackney Carriage and Private Hire Licensing Policy

To review a CombinedDriver’s Licence in accordance with the Council’s Hackney Carriage and Private Hire Licensing Policy.

 

The Chair of the Sub-committee will ask the parties present to introduce themselves and will explain the procedure to be followed in considering this matter.

 

An exempt report of the Licensing Manager is enclosed for the Sub-committee’s consideration.

 

 

 

Minutes:

Considered an exempt report of the Licensing Manager to review a Combined Driver’s Licence in accordance with the Council’s Hackney Carriage and Private Hire Licensing Policy (item 3 on the agenda filed with these minutes).

 

The following parties attended:

 

Licensing Manager

Licensing Enforcement Officer (PR)

Legal Advisor to the Sub-committee (SK)

Democratic Services Officer (LS)

 

The Combined Driver’s Licence holder had informed the Council by letter that he did not wish to attend the meeting.  Having considered that correspondence, the Sub-committee resolved to proceed in his absence, as an adjournment had not been requested and would not serve useful purpose. 

 

The Licensing Manager presented the exempt report and answered questions from members of the Sub-committee and the Legal Advisor. 

 

The Licensing Manager, Licensing Enforcement Officer and the Democratic Services Officer then left the meeting.

 

The Sub-committee gave the matter full and detailed consideration in private so as to come to a decision, accompanied only by the Legal Advisor (for the purposes only of advising on the law and on suitable wording for the Sub-committee’s decision). 

 

The Licensing Manager, Licensing Enforcement Officer and the Democratic Services Officer then returned to the meeting and the Legal Advisor read out the Licensing Sub-committee’s decision on its behalf.  The Combined Driver’s Licence holder would also be sent that decision in writing.

 

RESOLVED

 

1.         that the Combined Driver’s Licence be revoked;

 

2.         that the Combined Driver’s Licence holder’s Operator’s Licence also be revoked.

 

Reason  

 

1.& 2.    The Sub-committee considered carefully the evidence submitted and what action would be appropriate, concluding that the actions set out above were appropriate to its principal aim of ensuring public safety.  The Combined Driver’s Licence holder had not complied with the Council’s Hackney Carriage and Private Hire Licensing Policy despite a number of opportunities to do so, such that he could not be deemed fit and proper to hold a Combined Driver’s Licence.  The Combined Driver’s Licence holder’s Operator’s Licence was revoked for the same reason.