Agenda and minutes

Apologies had been received from Councillors Duncan and Taylor.

The Minutes of the meeting held on 27 October were agreed as a true record and signed by the Chair.

RESOLVED

(1)   That the Hackney Driver referred to in Item 7 be granted leave to address the Committee in respect of Item 7: Review of a Hackney Driver’s Licence.

(2)   That the Hackney Driver referred to in Item 9 and his representative be granted leave to address the Committee in respect of Item 9: Review of a Hackney Driver’s Licence.

Councillor R Conroy declared a personal and prejudicial interest in Item 7, Review of a Hackney Driver’s Licence, as he was an acquaintance of the driver.  He withdrew from the meeting for the duration of the item.

Councillor R Conroy declared a non-personal, prejudicial interest in Item 8, Review of a Hackney Driver’s Licence, as the circumstances leading to the Review were similar to those of Item 7. He withdrew from the meeting for the duration of the item.

The Chair asked for three Committee members to attend a Licensing Sub-Committee on 21 December.  Councillors I Markham, K Reeve and M Taylor were selected.

The Chair to Move:

“that the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such act.”

The Chair moved that the Public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was Carried.

Report of the Borough Solicitor

Councillor R Conroy withdrew from the meeting for the duration of this item.

The Licensing Officer outlined the circumstances of the conviction as outlined in the report.  The driver then presented his case.

The Committee adjourned at 18:21 to make a determination.  The Solicitor was called for advice.

The Committee reconvened at 18:24.

RESOLVED

That the driver was a fit and proper person to hold a Hackney Driver’s Licence and that no further action would be taken.

Report of the Borough Solicitor

Councillor R Conroy withdrew from the meeting for the duration of this item.

The Committee heard that the Driver was unable to attend the meeting owing to a back injury.

RESOLVED

That the item be deferred to a future meeting.

Report of the Borough Solicitor

The driver had supplied additional paperwork, which was circulated to the committee for their consideration.

The Licensing Officer then described the circumstances surrounding the conviction as outlined in the report.

The driver stated his case and was questioned by the Committee.

The Committee adjourned at 19:10 to make their determination.  The Solicitor was called for advice.

The Committee reconvened at 19:29 and explained their decision to the driver and his representative.

RESOLVED

(1)   That the driver was not a fit a proper person to hold a Hackney Driver’s Licence

(2)   That owing to extreme circumstances and that the licence had already be suspended for six months, no further action would be taken.

(3)   That in the event of the driver appearing before the Committee in the future, the transgressions highlighted at this meeting would be taken into account.