Agenda and minutes

Licensing Sub-Committee - Friday, 22 January 2016 2.30pm

Venue: Meeting Room 2 - Level 3, Gun Wharf, Dock Road, Chatham ME4 4TR

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

687.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Kemp. 

688.

Record of meeting pdf icon PDF 36 KB

To approve the record of the meeting held on 11 September 2015.

Minutes:

The record of the meeting held on 11 September 2015 were agreed and signed by the Chairman as a correct record. 

689.

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. 

690.

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.  

691.

Exclusion of the press and public pdf icon PDF 75 KB

This report summarises the content of agenda item 6, which, in the opinion of the proper officer, contains exempt information within one or more 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.

Minutes:

 

The press and public were 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 12A to the Local Government Act 1972 as specified in agenda item 5 (Exclusion of Press and Public) and, in all the circumstances of the case, the Sub-Committee considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

 

692.

Appeal against the refusal of an application for a private hire driver licence

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

Minutes:

Discussion:

 

The Senior Licensing and Enforcement Officer asked the Sub-Committee to consider Mr K’s appeal against the decision to refuse his application for a Private Hire Driver Licence. 

 

The Sub-Committee was advised that the Licensing Unit had received an application from Mr K for a Private Hire Driver Licence and that  no criminal convictions were declared on the form or on the statutory declaration.  As part of the application process, the Council had obtained disclosures from the Disclosure and Barring Service (DBS) which detailed a number of convictions prior to 1995.

 

In presenting her report, the Senior Licensing and Enforcement Officer highlighted the very high standard that Medway Council expected from its licenced drivers. She referred Members to the full details of Mr K’s offences which were set out in the report.  Mr P spoke on behalf of Mr K to make representations in mitigation and Mr K responded to questions from the Senior Licensing and Enforcement Officer and the Sub-Committee. The Sub-Committee then questioned the Senior Licensing and Enforcement Officer.

 

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 K and Mr P.

 

Decision:

 

Mr K was advised that, after careful consideration, the Sub-Committee had decided to grant him a Private Hire Driver Licence for home to school transport, in view of his exemplary behaviour over the past 20 years.