Agenda and minutes

The minutes of the previous meeting were signed by the vice-chairman as a correct record.

The vice-chairman advised that there was one item of urgent business. This was an item regarding an existing dual hackney carriage and private hire drivers licence belonging to Lee Michael McDermott (Minute 33 refers).

There were no declarations of interest.

In accordance with Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting for the following item of business on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 1 of Schedule 12 of the Act.

The licensing manager introduced a report to enable members to consider what action, if any, to take in respect of Mr. McDermott’s dual hackney carriage and private hire driver’s licence.

Details of the individual case and the vice-chairman’s summary of the decision are set out in exempt minute no. 35, in accordance with Section 100A of the Local Government Act 1972.

It was proposed by Councillor Burns and seconded by Councillor Kennedy: -

“That the officer decision to suspend Mr. McDermott’s dual hackney carriage and private hire driver’s licence be overturned, and that the licence be reinstated.”

Upon being put to the vote 5 members voted in favour of the proposition and 2 against, with 2 abstentions, whereupon the chairman declared the proposition to be carried. 

Resolved:

That the officer decision to suspend Mr. McDermott’s dual hackney carriage and private hire driver’s licence be overturned, and that the licence be reinstated.

The committee is recommended to pass the following recommendation in relation to the following item:

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business, on the ground that they could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.”

Members are reminded that, whilst the following item has been marked as exempt, it is for the committee itself to decide whether or not to consider it in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and should balance the interests of individuals, or the committee itself, in having access to information.  In considering their discretion, members should also be mindful of the advice of council officers.

In accordance with Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting for the following item of business on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 1 of Schedule 12 of the Act.

Report of the Senior Licensing Officer.

Details of the individual case and the Chairman’s summary of both decisions are set out in exempt minute no. 37, in accordance with Section 100A of the Local Government Act 1972.

The licensing manager introduced a report to enable members to consider what action, if any, to take in respect of Mr. Kay’s hackney carriage driver’s licence.

Following the introduction of the report, the committee were advised by Mr. Kay’s legal representative Miss Forrest that she would like to request that consideration of the item be deferred until the next meeting of the committee in order to allow witnesses to attend the meeting and to give more time to gather evidence. The committee agreed to consider this request, and it was agreed that those present should be asked to leave the meeting in order that exempt legal advice could be considered by the committee.

The licensing manager, the licensing enforcement officer, Mr. Kay, Miss. Forrest, P.C. Head and P.C. Hodgson left the meeting at this point whilst members considered the options before them.

It was proposed by Councillor Kennedy and seconded by Councillor Burns:-

“That the committee do not approve the request for the hearing to be adjourned, and that the matter be considered today.”

Upon being put to the vote 7 members voted in favour of the proposition with 2 abstentions, whereupon the vice-chairman declared the proposition to be carried. 

Resolved:

That the committee do not approve the request for the hearing to be adjourned, and that the matter be considered today.

The licensing manager, the licensing enforcement officer, Mr. Kay, Miss. Forrest, P.C. Head and P.C. Hodgson returned to the meeting at this point.

It was proposed by Councillor Johnson and seconded by Councillor Burns: -

“That Mr. Kay’s hackney carriage driver’s licence be suspended for a period of one calendar month with immediate effect, from the day following this hearing.”

Upon being put to the vote 8 members voted in favour of the proposition with 1 abstention, whereupon the vice-chairman declared the proposition to be carried. 

Resolved:

That Mr. Kay’s hackney carriage driver’s licence be suspended for a period of one calendar month with immediate effect, from the day following this hearing.

Before consideration of the following item Councillor Hill left the meeting.

The following report is not for publication because it contains confidential information relating to cautions/convictions and will be considered whilst the public are excluded from the meeting. The applicant has been invited to attend and/or be represented at the meeting, but will be asked to leave whilst the committee makes the decision, as exempt legal advice may be given.

Members are advised that, in accordance with Section 100A(2) of the Local Government Act 1972, the press and public should be excluded for the following item of business on the grounds that it could include the possible disclosure of confidential information.

In accordance with Section 100A(2) of the Local Government Act 1972, the press and public were excluded for the following item of business on the grounds that it could include the possible disclosure of confidential information.

Report of Licensing Manager.

The licensing manager introduced a report to enable members to consider Mr. Mitchell’s application for a private hire driver’s licence.

Details of the individual case and the chairman’s summary of the decision are set out in confidential minute no. 39 in accordance with Section 100A(2) of the Local Government Act 1972. 

It was proposed by Councillor Redfern and seconded by Councillor Johnson: -

“That Mr. Mitchell’s application for a private hire driver’s licence be approved.”

Upon being put to the vote members voted unanimously in favour of the proposition, whereupon the hairman declared the proposition to be carried. 

Resolved:

That Mr. Mitchell’s application for a private hire driver’s licence be approved.