Agenda and minutes

To elect the Chairman and Vice-Chairman of the Licensing Sub-Committee of the Licensing and Safety Committee for the 2013/14 municipal year. 

Decision:

It was agreed that Councillor Hicks was elected Chairman and Councillor Diane Chambers appointed as Vice Chairman for the 2013/2014 municipal year. 

To approve the record of the meeting held on 1 February 2013.

The record of the meeting held on 1 February 2013 was agreed and signed by the Chairman as a correct record. 

Apologies for absence were received from Councillor Etheridge, Avey and Harriott. 

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. 

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. 

This report requests the sub-committee to consider the continuance of a hackney carriage driver’s licence and determines what action should be taken. 

Discussion:

The Senior Licensing and Enforcement Officer asked the Sub-Committee to consider the continuance of the Hackney Carriage and Private Hire Driver Licences issued to Mr B and determine what action should be taken.

The Sub-Committee was advised that on 9 November 2012, the Licensing Unit received notification from Kent Police that Mr B had been convicted for driving whilst using a mobile phone. The conviction caused Mr B to exceed the maximum points limit on his licence and he was disqualified from driving for a period of six months. Full details of the conviction had been set out in Appendix F.

In the light of this, the Licensing Unit had decided to refer this matter to the Sub-Committee requesting that the Sub-Committee consider whether Mr B is a ‘fit and proper person’ to continue to hold Hackney Carriage and Private Hire Driver Licences.

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

Decision:

Mr B was advised that Medway Council expected high standards from its licensed drivers and had considered fully the circumstances relating to Mr B’s conviction in November 2012.

In the light of all the information received and heard at the appeal hearing, the Sub Committee agreed to grant the licences for a period of 6 months with a formal written warning. The Licences would be reviewed in 6 months time. Mr B was advised that should he receive any further convictions or warnings it was unlikely that the licences would be renewed and that revocation of both of his licences was also likely.