Agenda and minutes

To approve the record of the meeting held on 15 January 2010.

The record of the meeting held on 15 January 2010 was agreed and signed by the Chairman as correct. 

Apologies for absence were received from Councillor Andrews. 

(a)               Personal interests under the Medway Code of Conduct.

A Councillor who declares a personal interest in a matter, including the nature of the interest, may stay, speak, and vote on the matter.

(b)               Prejudicial interests under the Medway Code of Conduct.

A Councillor who declares a personal and prejudicial interest in a matter, including the nature of the interest, must withdraw from the room and take no part in the debate or vote on the matter.

Councillors who have declared a personal and prejudicial interest may make representations, answer questions and give evidence before leaving the room but only if members of the public are allowed to attend for the same purpose.

If an interest is not declared at the outset of the meeting, it should be disclosed as soon as the interest becomes apparent.

There were no declarations of interest. 

Exempt and confidential items are not available to the press and public but a brief summary of the contents may be found under each heading.

Any press or public that are present at the meeting may be asked to leave at this point, as the items to be discussed have sensitive information in them and the Local Government Act 1972 allows for this to happen because the information relates to an individual. 

The Sub-Committee agreed to ask the press and public to leave the meeting because the following item contained sensitive information relating to an individual and was considered exempt  under paragraph 1 of schedule 12A of the Local Government Act 1972.

Discussion:

The Senior Licensing and Enforcement Officer asked the Sub-Committee to determine an appeal against the decision of the Licensing Unit to refuse to renew Mr T’s private hire driver licence. 

The Senior Licensing and Enforcement Officer stated that in light of the cautions that Mr T had received for violence related offences and the fact that the Police felt that there was sufficient mitigation to warrant a caution for assault occasioning actual bodily harm, the Licensing Unit felt that Mr T did not fulfil the “fit and proper” criteria. Therefore, under officer delegated powers, his application to renew his private hire driver’s licence was refused.

The Sub-Committee considered the case taking into account all written representations and those made at the hearing by Mr T and the Senior Licensing and Enforcement Officer.

Decision:

Mr T was advised that Medway Council expected high standards from its licensed drivers and in view of the cautions received for violence related offences, the Sub-Committee's decision was as follows:

The Sub-Committee agreed to renew Mr T’s private hire drivers licence and that a warning be placed on Mr T’s record and that 6 monthly CRB checks be carried out for a period of 3 years.