Agenda and minutes

Licensing Sub-Committee - Friday, 3 December 2021 2.30pm

Venue: Civic Suite - Level 2, Gun Wharf, Dock Road, Chatham ME4 4TR. View directions

Contact: Stephen Platt, Democratic Services Officer 

Items
No. Item

508.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors, Griffin, Kemp and Mahil. 

509.

Record of meeting pdf icon PDF 60 KB

To approve the record of the meeting held on 6 August 2021.

Minutes:

The record of the meeting held on 6 August 2021 was agreed and signed by the Chairman.

510.

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.

511.

Declarations of Disclosable Pecuniary Interests and Other Significant Interests pdf icon PDF 371 KB

Members are invited to disclose any Disclosable Pecuniary Interests or Other Significant Interests in accordance with the Member Code of Conduct.  Guidance on this is set out in agenda item 5.

 

Minutes:

Disclosable pecuniary interests

 

There were none.

 

Other significant interests (OSIs)

 

There were none.

 

Other interests

 

There were none.

512.

Exclusion of the press and public pdf icon PDF 161 KB

This report summarises the content of agenda item 6, 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.

Minutes:

The Sub-Committee agreed to exclude the press and public 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 of 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. 

 

513.

Appeal against revocation of Hackney Carriage and Private Hire Driver Licences

The purpose of this report is to request that the Licensing Sub-Committee considers an appeal against the revocation of Hackney Carriage and Private Hire Driver Licences.

Additional documents:

Minutes:

Discussion:

 

The Senior Licensing Officer set out the circumstances of the case and took members of the Sub-Committee through the documents that were included in the agenda report, explaining why the decision had been taken to revoke Mr B’s Hackney Carriage and Private Hire Driver Licences.

 

Mr B’s legal representative presented the appeal against this decision and responded to questions from the Senior Licensing Officer and members of the Sub-Committee.

 

Next, Mr B’s legal representative and members of the Sub-Committee questioned the Senior Licensing Officer.

 

Decision:

 

After careful consideration of the written evidence and the representations made at the meeting, the Sub-Committee upheld the appeal against the revocation of Mr B’s Hackney Carriage and Private Hire Driver Licences.

 

The Sub-Committee did not accept the point made by Mr B’s legal representative that the Council’s policy only allowed suspension or revocation of a licence following a conviction, however it did take on board the points made regarding the fact that Mr B was released under investigation and that, at the present time, there were no bail conditions or other restrictions imposed upon him.

 

The Sub-Committee carefully considered the nature of the allegations and whether or not it was appropriate to take action against Mr B’s licences at this time.

 

Whilst the nature of the allegations was very serious, as no formal action had been taken by the relevant agencies at this time, the Sub-Committee did not consider it appropriate to impose a sanction at this time and for these reasons it rescinded the decision to revoke Mr B’s licences.