Agenda and minutes
PDF 272 KBVenue: Meeting Room 2 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR
Contact: Stephen Platt, Democratic Services Officer
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To approve the record of the meeting held on 7 August 2015. Minutes: The record of the meeting held on 7 August 2015 was agreed and signed by the Chairman as a correct record. |
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Apologies for absence Minutes: There were none. |
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Urgent matters by reason of special circumstances 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. Minutes: There were none. |
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Declarations of disclosable pecuniary interests and other interests 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.
Members should also ensure they disclose any other interests which may give rise to a conflict under the council’s code of conduct.
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. Minutes: Disclosable pecuniary interests
There were none.
Other interests
There were none. |
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Exclusion of the press and public This report summarises the content of agenda items 6 and 7, which, in the opinion of the proper officer, contain exempt information within three 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 the documents. Minutes: Decision:
That the press and public be excluded from the meeting during consideration of agenda item 6 because consideration of this matter in public would disclose information falling within paragraphs 1,2 and 5 of Part 1 of Schedule 12 A to the Local Government Act 1972 as specified in agenda item 5 and the Sub-Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. |
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Review of Hackney Carriage Driver's Licence The purpose of the report is to request that the Licensing Sub-Committee considers the continuance of a Private Hire Driver Licence and determine what action should be taken. Additional documents:
Minutes: Discussion:
The Senior Licensing and Enforcement Officer asked the Sub-Committee to consider Mr U’s appeal against the decision to refuse to renew his private hire driver’s licence.
The Sub-Committee was advised that the Licensing Unit had received an application from Mr U to renew his hackney carriage driver’s licence on 10 April 2015. The renewal process involves the Council obtaining disclosures from the Disclosure and Barring Service (DBS) and the Driver and Vehicle Licensing Authority (DVLA). The Licensing Unit received the DBS disclosure from Mr U on 29 July 2015 which showed an undeclared caution issued on 1 June 2013.
The Senior Licensing and Enforcement Officer presented her report to the Sub-Committee, highlighting the very high standards that the Council expected from its licensed drivers. She referred Members to the full details of Mr U’s offence set out in her report. Mr U’s solicitor James Davis of Hollingsworth Edwards solicitors, addressed the Sub Committee to make representations in mitigation and he and Mr U responded to questions from the Senior Licensing and Enforcement Officer and the Sub-Committee. Mr Davis supplied the Sub-Committee with additional supporting documentation requesting no immediate sanction being imposed whilst a challenge to the validity of the caution administered was pending.
Both parties to the hearing left the room and the Sub-Committee considered the matter taking into account all written representations and those made at the hearing by the Senior Licensing and Enforcement Officer and by Mr U and his solicitor.
Decision:
Mr U was advised that, having heard from the Senior Licensing and Enforcement Officer the background to the case and Mr U’s failure to report a caution received in 2013 and having heard from Mr Davis the mitigation put forward on his behalf, the Sub-Committee gave strong consideration to the fact that although a caution had been given, Mr U had previously had an unblemished record for 10 years they decided that despite the caution they were not satisfied that Mr U was not a ‘Fit and Proper’ person to hold a taxi licence and consequently agreed that the licence should be granted, with a written warning to be retained on Mr U’s record. |
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Appeal against refusal to renew Private Hire Driver's Licence The purpose of the report is to request that the Licensing Sub-Committee considers and determines an appeal against the Council’s decision to refuse to renew a private hire driver’s licence. Additional documents:
Minutes: Discussion:
The Senior Licensing and Enforcement Officer asked the Sub-Committee to consider Mr H’s appeal against the decision to refuse to renew his Private Hire Driver’s Licence.
The Sub-Committee was advised that the Licensing Unit had received an application from Mr H to renew his Private Hire Driver’s Licence and declared two convictions for traffic offences for which he was convicted in February 2011 and May 2014. The Senior Licensing and Enforcement Officer explained that the renewal process involves the Council obtaining disclosures from the Disclosure and Barring Service (DBS) and the Driver and Vehicle Licensing Agency (DVLA). These disclosures were obtained with the consent of the driver and show their driving history and any criminal convictions/cautions/warnings they had received. The DBS Disclosure from Mr H on 1 June 2015 showed two undeclared convictions.
The Senior Licensing and Enforcement Officer presented her report to the Sub-Committee, highlighting the very high standards that the Council expected from its licensed drivers. She referred Members to the full details of Mr H’s offences which were set out in her report. Mr H and his partner addressed the Sub-Committee to make representations in mitigation and responded to questions from the Senior Licensing and Enforcement Officer and the Sub-Committee. A copy of letters of support were handed to all present.
Both parties to the hearing left the room and the Sub-Committee considered the matter taking into account all written representations and those made at the hearing by the Senior Licensing and Enforcement Officer and by Mr H and his partner.
Decision:
Mr H was advised that the Sub-Committee had taken into account the undisclosed convictions and the mitigating factors put forward at the hearing but had to take its responsibility to the public seriously and in view of this, and Mr H’s ongoing medical condition, they were not satisfied that Mr H was a ‘Fit and Proper’ person and so they were not able to renew his Private Hire Driver’s Licence. |