Agenda and minutes

Minutes of the meeting held on 23 November 2017 (previously circulated). 

The Minutes of the meeting held on 23^rd November 2017 were signed by the Chairman as a correct record.

The Chairman welcomed the Principal Licensing Officer to the meeting.

There were no items of urgent business.

To receive declarations by Members of interests in respect of items on this Agenda.

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests, which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B, Section 2 of the Code of Conduct, Members are required to declare the existence and nature of any other interests, as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest.

Report of the Commercial Protection Manager

The Committee received the report of the Commercial Protection Manager to allow Members to consider the late application for renewal of a hackney carriage vehicle licence submitted by Mr. Raymond Croft and, if necessary, the reallocation of the hackney carriage plate.

Members were advised that an application for the renewal of a hackney carriage vehicle licence HV902 had been received from Mr. Croft on 5^th January 2018.  Unfortunately, the vehicle licence had expired on 2^nd January 2018 and the application for renewal had not been accepted. 

Case law indicated that applications for renewal after a vehicle licence had expired were possible, but there needed to be good reasons for any short delay (two to three days) or exceptional circumstances for any longer delay in applying following expiry.

It was reported that Mr. Croft had been a licensed driver with the Authority for over eleven years and had been the proprietor of HV902 since 27^th July 2011.  Mr. Croft had never let the vehicle licence expire in the past.  He had told Licensing Services that he had not been aware that he was required to submit the renewal papers before the plate expired. 

Members were advised of the options before them.

Following presentation of the Commercial Protection Manager’s report, Mr. Croft was given the opportunity to question the Commercial Protection Manager on the report.  Members of the Committee then had the opportunity to question the Commercial Protection Manager on his report.

In determining whether to renew Mr. Croft’s hackney carriage vehicle licence or not, Members heard evidence from Mr. Croft, who advised that he had intended to get a new taxi, but had been unsuccessful.  His vehicle had been in the garage for repairs and he had been unaware that the renewal papers should have been submitted before the plate expired.

Following Mr. Croft’s representation, the Commercial Protection Manager had the opportunity to question Mr. Croft.  Members of the Committee then had the opportunity to question Mr. Croft.

The parties then had the opportunity to sum up.

The Commercial Protection Manager, Principal Licensing Officer and Mr. Croft left the meeting room whilst the Committee made its decision in private.

It was proposed by Councillor Hamilton-Cox and seconded by Councillor Guilding:

“That Mr. Croft’s hackney carriage vehicle licence be renewed.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the proposal was carried.

Resolved:

That Mr. Croft’s hackney carriage vehicle licence be renewed.

The Commercial Protection Manager, Principal Licensing Officer and Mr. Croft returned to the meeting room at this point.

Summary of the Decision:

The Committee gave careful consideration to the representations made by the Commercial Protection Manager and Mr. Croft.

Members accepted Mr. Croft’s reasons for the short delay in submitting the application for renewal of his hackney carriage vehicle licence, and concluded that Mr. Croft’s hackney carriage vehicle licence be renewed.

The Committee is recommended to pass the following recommendations 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 item of business, on the grounds that it 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 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 also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion, Members should also be mindful of the advice of Council Officers.

The Chairman advised Members that it had been recommended to exclude the press and public from the meeting for the following item on the grounds that it could involve the possible disclosure of exempt information.

It was moved by Councillor Metcalfe and seconded by Councillor Redfern:

“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 item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of that Act.”

A vote was taken and the motion was unanimously carried.

Resolved:

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 item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in Paragraph 1 of Schedule 12A of that Act.

Report of the Democratic Services Manager

The Committee received the report of the Democratic Services Manager to inform Members of a decision taken by the Chief Executive, in consultation with the Chairman of Licensing Regulatory Committee.

Decision of the Committee:

That the decision taken by the Chief Executive, in consultation with the Chairman of Licensing Regulatory Committee, in relation to the following matter, be noted:

That Mr. Wilkinson’s hackney carriage driver’s licence be revoked, and that the revocation of the driver’s licence be with immediate effect in the interests of public safety.