Agenda and minutes

General Licensing Sub Committee - Thursday, 19th September, 2019 10.00 am

Venue: Council Chamber, The Arc, Clowne

Contact: Alison Bluff  Governance Officer

Items
No. Item

305.

Apologies For Absence

Minutes:

Apologies for absence were received on behalf of Councillors Maxine Dixon,

Peter Roberts and Janet Tait.

 

306.

Urgent Items of Business

To note any urgent items of business which the Chairman has consented to being considered under the provisions of Section 100(B) 4(b) of the Local Government Act 1972.

Minutes:

There were no urgent items of business to consider.

 

307.

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a)  any business on the agenda

b)  any urgent additional items to be considered

c)  any matters arising out of those items

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

There were no declarations of interest made.

 

308.

Minutes pdf icon PDF 218 KB

To consider the minutes of the last meeting held on 29th August 2019

Minutes:

Moved by Councillor Rose Bowler and seconded by Councillor Natalie Hoy

RESOLVED that the Minutes of a General Licensing Sub Committee held on 29th August 2019 be approved as a correct record.

 

309.

Minutes of a General Licensing Sub Committee held on 18th July 2019 pdf icon PDF 117 KB

Minutes:

EXTRAORDINARY MINUTES 18th JULY 2019

 

Moved by Councillor Natalie Hoy and seconded by Councillor Andrew Joesbury

RESOLVED that the Minutes of an Extraordinary General Licensing Sub Committeeheld on 18th July 2019 be approved as a correct record.

 

310.

Renewal of Taxi Licences with Historic Convictions.

Minutes:

Committee considered a verbal report in relation to the renewal of hackney carriage/private hire vehicle drivers’ licences for applicants with historic convictions.

 

The Council’s current Taxi Licensing Policy included powers for the Licensing Team Leader to approve applications for hackney carriage/private hire vehicle drivers’ licences where the applicant had less serious historic convictions, (i.e., did not breach the licensing objective of public safety), without the applicant needing to attend a full General Licensing Sub Committee.

 

It was proposed that for less serious cases where an applicant’s convictions where over 10 years old, the Licensing Team Leader, the Solicitor or Team Manager (Legal), exercise those powers in consultation with the Chair and Vice Chair of Licensing Committee, consider applications (each case on its own merits) for hackney carriage/private hire vehicle drivers’ licences.  However, cases where applicant’s historic convictions were less than 10 years old and where the offences where more serious would continue to be presented to the General Licensing Sub Committee for consideration.

 

Members welcomed the report.

 

The Solicitor advised the Committee that if any Member wished to receive training on this change of approach or if any Member required refresher licensing training, this could be carried out by the Solicitor around Members availability.

 

Moved by Councillor Ray Heffer and seconded by Councillor Andrew Joesbury

NOTED that the Licensing Team Leader, the Solicitor or Team Manager (Legal), in consultation with the Chair and Vice Chair of Licensing Committee, will exercise delegated powers to consider applications for hackney carriage/private hire vehicle drivers’ licences where an applicant’s conviction(s) did not breach the licensing objective of public safety and where over 10 years old.

(Licensing Team Leader)

 

311.

Exclusion of the public

To move:-

 

“That under Section 100(A)(4) of the Local Government Act 1972 (as amended), the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the stated Part 1 of Schedule 12A of the Act and it is not in the public interest for that to be revealed.” [The category of exempt information is stated after each item].

Minutes:

Moved by Councillor Ray Heffer and seconded by Councillor Andrew Joesbury

RESOLVED that the public be excluded from the meeting during the discussion of the following item of business to avoid the disclosure to them of exempt information as defined in Paragraph 1, Part I of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006).

 

 

312.

To consider whether an applicant remains fit and proper to hold a Hackney Carriage/Private Hire Vehicle Driver's Licence

Minutes:

The Applicant and his Solicitor attended the meeting for Committee to determine whether he was a fit and proper person to hold a hackney carriage/private hire vehicle drivers licence.

 

The Licensing Team Leader presented the report.

 

The Hearing procedure was followed.

 

The Applicant, his Solicitor and the Licensing Team Leader left the meeting whilst Committee deliberated and returned for the announcement of the decision.

 

Moved by Councillor Sandra Peake and seconded by Councillor Ross Walker

RESOLVED that the Hackney Carriage/Private Hire Vehicle Driver’s Licence be suspended for a period of 2 months, reduced from 3 months due to the suspension already served as resolved at the last meeting of Licensing Committee.

 

(Licensing Team Leader)