Agenda and minutes

Venue: Council Chamber, The Arc, Clowne

Contact: Alison Bluff  Governance Officer

Items
No. Item

380.

Apologies For Absence

Minutes:

Apologies for absence were received on behalf of Councillors Pat Cooper,

Maxine Dixon, Steve Fritchley, Sandra Peake, Peter Roberts and Janet Tait.

 

381.

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:

The Chair consented to an urgent item of business to be considered as to whether a Hackney Carriage/Private Hire Vehicle Driver remained a fit and proper person to continue to hold a licence (HFH/19(2)), which would be considered as the last item on the agenda.

 

382.

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:

Councillor                  Minute No                              Level of Interest

 

Rose Bowler               0385                                        Non Significant, Non Statutory

Ray Heffer                  0386                                        Non Significant, Non Statutory

Jane Bryson                0386                                        Non Significant, Non Statutory

 

383.

Minutes pdf icon PDF 207 KB

To consider the minutes of the last meeting held on 19th September 2019

Minutes:

Moved by Councillor Rose Bowler and seconded by Councillor Andrew Joesbury

RESOLVED that the Minutes of a General Licensing Sub Committee held on 19th September 2019 be approved as a correct record.

 

 

384.

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).

 

 

Having previously declared a Non Significant, Non Statutory interest in the following item of business, Councillor Rose Bowler left the meeting.

 

 

385.

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

Minutes:

The Licence Holder and his representative attended the meeting for Committee to determine whether he was a fit and proper person to hold a Hackney Carriage/ Private Hire Vehicle Driver’s Licence, an Operator’s licence and Vehicle licences with the Council.

 

The Legal Advisor confirmed she had given no legal advice to the Members of the Hearing Panel prior to the meeting.

 

The Licensing Team Leader presented the report.

 

The Hearing procedure was followed.

 

At the request of the Licence Holder’s representative, the meeting adjourned for 30 minutes to enable the Licensing Team Leader to confirm that a hard copy record of a file note had been made by the Licensing and Enforcement Officer in regard to an incident involving the Licence Holder and the Licensing and Enforcement Officer two weeks prior to this meeting.

 

The Licensing Team Leader read out the file note to the meeting.

 

The Licensing and Enforcement Officer attended the meeting and gave her verbal account of the incident involving the Licence Holder.

 

The Licensing and Enforcement Officer left the meeting.

 

The Licence Holder, his representative, the Licensing Team Leader left the meeting whilst Committee deliberated and returned for the announcement of the decision.

 

Moved by Councillor Natalie Hoy and seconded by Councillor Andrew Joesbury

RESOLVED that (1) the Licence Holder’s Operators Licence be revoked with immediate effect,

 

            (2) the Licence Holder’s Hackney Carriage/ Private Hire Vehicle Driver’s Licence be suspended for a period of 3 months,

 

(3) a Community Protection Warning (CPW) be served on the Licence Holder to address his unacceptable conduct towards Council officers and the CPW to be held as a wider Council record.

(Legal/Licensing Team Leader)

 

Reason for Decision: Having considered the evidence presented at the hearing, the Sub-Committee determined that the Applicant was not considered a ‘fit and proper person’ within the scope of the statutory provisions. 

 

Having previously declared a Non Significant, Non Statutory Interest in the following item of business, Councillors Ray Heffer and Jane Bryson left the meting.

 

 

 

Councillor Andrew Joesbury in the Chair

 

 

386.

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

Minutes:

 

The Licence Holder attended the meeting for Committee to determine whether he was a fit and proper person to hold a Hackney Carriage/Private Hire Vehicle Driver’s Licence with the Council.

 

The Legal Advisor confirmed she had given no legal advice to the Members of the Hearing Panel prior to the meeting.

 

The Licensing Team Leader presented the report.

 

The Hearing procedure was followed.

 

The Licence Holder and the Licensing Team Leader left the meeting whilst Committee deliberated and returned for the announcement of the decision.

 

Moved by Councillor Rose Bowler and seconded by Councillor Mary Dooley

RESOLVED that the Licence Holder’s Licence be REVOKED.

 

Reason for Decision: Having considered the evidence presented at the hearing, the Sub-Committee determined that the Applicant was not considered a ‘fit and proper person’ within the scope of the statutory provisions. 

 

 

(Licensing Team Leader)

 

 

The meeting concluded at 1335 hours.