Agenda and minutes

*P&L 25         

The Chairman asked that an explanation be given as to the reason for the deferral of application 00938/2015.  The COP Lead Development Management advised that, since the agenda had been published, concerns had arisen relating to the Public Right of Way that dissected the application site and until further information was forthcoming, Members would not be in a position to make a decision on the application.

Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting.

[If Councillors have any questions relating to predetermination, bias or interests in items on this Agenda, then please contact the Monitoring Officer in advance of the meeting]      

*P&L 26         

Members were invited to declare any interests in the items of business to be considered and the following were made:

Cllr C Mott declared a personal interest in Agenda Item 9 (Minute *P&L 32 below refers) by virtue of knowing the applicant.  She remained in the meeting and took part in the debate but abstained from the vote.

Cllr G Parker also declared a personal interest in Agenda Item 9 (Minute *P&L 32 below refers) by virtue of knowing one of the referees.  He remained in the meeting and took part in the debate and vote.

Meeting held on 20 September 2016

*P&L 27         

The Minutes of the Planning and Licensing Committee Meeting held on 20^th September 2016 were confirmed and signed by the Chairman as a correct record.

*P&L 28         

The Committee received and noted the updated list of Planning Appeals including enforcement appeals.

PART TWO – ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PUBLIC AND PRESS ON THE GROUNDS THAT EXEMPT INFORMATION MAY BE DISCLOSED (if any).

If any, the Committee is recommended to pass the following resolution:-

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting on the grounds that exempt information is likely to be disclosed as defined in Part I of Schedule 12(A) to the Act.

*P&L 29         

The COP Lead Development Management presented the Performance Indicators and outlined the key information for Members consideration. 

The Chairman confirmed that this information would be included on each Committee meeting agenda in the future.

*P&L 30         

RESOLVED

That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following items of business as the likely disclosure of exempt information as defined in paragraph 1 of Schedule 12A to the Act is involved.

*P&L 31         

Consideration was given to an exempt report which sought to determine whether an applicant was a ‘fit and proper’ person to hold a Hackney Carriage Driver Licence with this Authority in accordance with section 59 of the Local Government (Miscellaneous Provisions) Act 1976.          

The Licensing Specialist introduced the report.  The Applicant and a representative were in attendance at the meeting and were given the opportunity to address the Committee.  Some Members asked questions of the Applicant, his representative and the Licensing Specialist.

(At this point, the Chairman adjourned the meeting to enable the Committee to make a decision.  The Solicitor remained in the meeting in an advisory capacity).

The Decision

The Chairman then proceeded to announce the decision as follows:

Members of the Licensing Committee have considered very carefully your application for a Hackney Carriage and Private Hire Driver Licence.

·      We have read the Licensing Officer’s report, which you have had sight of.

·      We have read the details on the Disclosure and Barring certificate, and DVLA record taking into consideration the nature of the offences and when these were committed.

·      We have listened very carefully to what you have told today and read the references provided.

·      The main priority of the licensing regime is to ensure public safety. As this is a civil matter, the evidence of proof is based on the balance of probabilities, the onus being on yourself to satisfy the Authority that you are a ‘fit and proper person’ to continue to drive a Hackney Carriage or Private Hire Vehicle.

The Committee has decided to refuse the renewal of your Joint Hackney Carriage and Private Hire Driver Licence.

*P&L 32         

Consideration was given to an exempt report which sought to determine whether an applicant was a ‘fit and proper’ person to hold a Hackney Carriage Driver Licence with this Authority in accordance with section 59 of the Local Government (Miscellaneous Provisions) Act 1976.          

The Licensing Specialist introduced the report.  The Applicant was in attendance at the meeting and was given the opportunity to address the Committee.  The Applicant provided a number of references for consideration by the Committee.  Some Members asked questions of the Applicant and the Licensing Specialist.

                        (At this point, the Chairman adjourned the meeting to enable the Committee to make a decision.  The Solicitor remained in the meeting in an advisory capacity).

The Decision

The Chairman then proceeded to announce the decision as follows:

Members of the Licensing Committee have considered very carefully your application for a Hackney Carriage and Private Hire Driver Licence.

·      We have read the Licensing Officer’s report, which you have had sight of.

·      We have read the details on the Disclosure and Barring certificate, and DVLA record taking into consideration the nature of the offences and when these were committed.

·      We have listened very carefully to what you have told today and read the references provided.

·      The main priority of the licensing regime is to ensure public safety. As this is a civil matter, the evidence of proof is based on the balance of probabilities, the onus being on yourself to satisfy the Authority that you are a ‘fit and proper person’ to continue to drive a Hackney Carriage or Private Hire Vehicle.

The Committee has decided to refuse the renewal of your Joint Hackney Carriage and Private Hire Driver Licence.