Agenda and minutes
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Contact: Stephen Platt, Democratic Services Officer
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Election of Chairman and Vice-Chairman To elect the Chairman and Vice-Chairman of the Licensing Sub-Committee of the Licensing and Safety Committee for the 2016/17 municipal year. Minutes: It was agreed that Councillor Mrs Chambers be elected Chairman and Councillor Carr be appointed as Vice Chairman of the Sub-Committee for the 2016/2017 municipal year. |
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Apologies for absence Minutes: Apologies were received from Councillors Fearn and Kemp. |
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To approve the record of the meeting held on 22 January 2016. Minutes: The record of the meeting held on 22 January 2016 were agreed and signed by the Chairman as a correct record. |
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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 item 7, 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 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 7 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 6 (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. |
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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 Principal Licensing and Enforcement Officer asked the Sub-Committee to consider the information and evidence presented in her report and determine Mr S’s appeal against the decision to refuse his application for a private hire driver licence.
The Sub-Committee was advised that, prior to submitting his application, Mr S had met with the Principal Licensing and Enforcement Officer where he had fully disclosed his history of convictions and had showed remorse and regret. The application process involved the Council obtaining disclosures from the Disclosure and Barring Service (DBS) which detailed convictions to 2009.
In presenting her report, the Principal Licensing and Enforcement Officer highlighted the very high standard that Medway Council expected from its licenced drivers. Mr S explained how he had changed his lifestyle since his last conviction and he and the Principal Licensing and Enforcement Officer responded to questions from the Sub-Committee.
In summing up, the Principal Licensing and Enforcement Officer reminded the Sub-Committee that Section 59(1) of the Local Government (Miscellaneous Provisions) Act 1976 required that the Sub-Committee consider whether Mr S was a “fit and proper” person to hold a private hire driver licence. Summing up on behalf of Mr S, Mr E gave a character reference for Mr S.
Both parties left the room and the Sub-Committee considered the matter in private.
Decision:
After careful consideration of the written evidence and the representations made at the meeting by the Principal Licencing and Enforcement Officer and Mr S and Mr E, the Sub-Committee determined that Mr S be granted a private hire driver licence for a period of one year after which he would need to re-apply. Subject to any complaints to, or concerns by, the Licensing Unit during the year, it was anticipated that Mr S’s licence would be renewed upon re-application when his current history of convictions would not be taken into consideration. |