Agenda and minutes

To elect the Chairman and Vice-Chairman of the Licensing Sub-Committee of the Licensing and Safety Committee for the 2012/2013 municipal year. 

Decision:

It was agreed that Councillor Mrs Diane Chambers was elected Chairman and Councillor Hicks appointed as Vice Chairman for the 2012/2013 municipal year. 

To approve the record of the meeting held on 13 January 2012.

The record of the meeting held on 13 January 2012 was agreed and signed by the Chairman as a correct record. 

An apology for absence was received from Councillor Etheridge. 

The Chairman will announce any late items which do not appear on the main agenda but which he/she has agreed should be considered by reason of special circumstances to be specified in the report. 

There were none.

The Chairman asked the appellant if three officers (two from the licensing department and one from democratic services) could observe the hearing and remain in the meeting for the duration of the hearing. The applicant confirmed that he had no objection to this.

A member need only disclose at any meeting the existence of a disclosable pecuniary interest (DPI) in a matter to be considered at that meeting if that DPI has not been entered on the disclosable pecuniary interests register maintained by the Monitoring Officer.

A member disclosing a DPI at a meeting must thereafter notify the Monitoring Officer in writing of that interest within 28 days from the date of disclosure at the meeting.

A member may not participate in a discussion of or vote on any matter in which he or she has a DPI (both those already registered and those disclosed at the meeting) and must withdraw from the room during such discussion/vote.

Members may choose to voluntarily disclose a DPI at a meeting even if it is registered on the council’s register of disclosable pecuniary interests but there is no legal requirement to do so.

In line with the training provided to members by the Monitoring Officer members will also need to consider bias and pre-determination in certain circumstances and whether they have a conflict of interest or should otherwise leave the room for Code reasons. 

There were none. 

This report summarises the content of agenda item 7, which, in the opinion of the proper officer, contains exempt information within one of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Sub-Committee to determine whether the press and public should be excluded from the meeting during consideration of documents.

Decision:

That the press and public are excluded from the meeting during consideration of agenda item 7 because consideration of this matter in public would disclose information falling within paragraphs 1, 2 and 3 of Part 1 of Schedule 12A to the Local Government Act 1972 as specified in agenda item 6 and the Sub-Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

The Sub-Committee is requested to consider an appeal against the council’s decision to refuse an application for a private hire driver licence. 

Discussion:

The Senior Licensing and Enforcement Officer asked the Sub-Committee to consider the appeal against the council’s decision to refuse an application for a Private Hire Drivers Licence.

The Sub-Committee was advised that the original application was incomplete when it was submitted in August and then again when it was re-submitted in September 2012. Following a one-to-one meeting with the applicant to explain the requirements, the application was again re-submitted in October 2012 with the required information completed and counter-signed by the applicant and a solicitor.

Once the application had been validated, officers sought a Criminal Records Bureau (CRB) check, which was obtained with the consent of the applicant, which showed a criminal conviction that had not been declared.

The Senior Licensing and Enforcement Officer advised that the application had been refused due to the two false declarations on the application form and not because of the conviction.

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

Decision:

Mr H was advised that Medway Council expected high standards from its licensed drivers, particularly when it involved transporting children from their homes to school and therefore the Senior Licensing and Enforcement Officer had been right to be cautious in dealing with this application and she was commended for this. However, the Sub-Committee did accept that there had been no deliberate intention to deceive the council when the application was made and there was a catalogue of mistakes during that process.

In the light of all the information received and heard at the appeal hearing, the Sub-Committee agreed to grant Mr H a Private Hire Driver’s Licence (specifically for home to school transport) for a three year period.