Agenda and minutes

General Licensing Sub-Committee - Wednesday, 21st March, 2012 10.00 am

Venue: Executive Meeting Room 2 - Town Hall, Macclesfield SK10 1EA. View directions

Contact: Julie Zientek Democratic Services Officer

Items
No.	Item
40.	Appointment of Chairman View the background to item 40. To appoint a Chairman for the meeting. Minutes: RESOLVED – That Councillor P Whiteley be appointed Chairman.
41.	Apologies for Absence View the background to item 41. To receive any apologies for absence. Minutes: Apologies for absence were received from Councillor G Wait.
42.	Declarations of Interest View the background to item 42. To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests and for Members to declare if they have pre-determined any item on the agenda. Minutes: There were no declarations of interest.
43.	Exclusion of the Public and Press View the background to item 43. To consider passing a resolution under Section 100(A)(4) of the Local Government Act 1972 to exclude the public and press from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information in accordance with paragraphs 1 and 2, pursuant to part 1 of Schedule 12 (A) of the Act. Minutes: RESOLVED - That the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A) 4 of the Local Government Act 1972 on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 and public interest would not be served in publishing the information.
44.	11-12/16 Consideration of Fitness to Hold a Joint Hackney Carriage/Private Hire Driver Licence and Hackney Carriage Vehicle Licence View the reasons why item 44. is restricted View the background to item 44. To consider whether the holder of a Joint Hackney Carriage/Private Hire Driver Licence and Hackney Carriage Vehicle Licence remains ‘a fit and proper person’ to hold a licence, and to determine the future of their Joint Hackney Carriage/Private Hire Driver Licence and Hackney Carriage Vehicle Licence. Minutes: The Sub-Committee considered a report regarding the holder of a Joint Hackney Carriage/Private Hire Driver Licence and Hackney Carriage Vehicle Licence who had recently been convicted of offences. The Sub-Committee was informed that the application fell within the Council’s policy for determination by the Sub-Committee. Accordingly, the hearing had been convened to enable the Sub-Committee to determine whether the licence holder remained a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence and Hackney Carriage Vehicle Licence. The licence holder was not in attendance at the hearing. After a full hearing, and in accordance with the rules of procedure, the Chairman of the Sub-Committee reported that, after taking account of all the evidence, the following course of action had been agreed. RESOLVED (a) That the licence holder is no longer a fit and proper person to hold a hackney carriage/private hire drivers licence, and that the licence be revoked under section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976 (‘the 1976 Act’) with immediate effect (in accordance with section 61(2B) of the 1976 Act). (b) That the licence holder is no longer a fit and proper person to hold a hackney carriage vehicle licence, and that the licence be revoked under section 60(1)(c) of the 1976 Act. The Sub-Committee noted that the applicant would be reminded of the right to appeal this decision to the Magistrates Court within 21 days.
45.	11-12/17 Consideration of Fitness to Hold a Joint Hackney Carriage/Private Hire Driver Licence View the reasons why item 45. is restricted View the background to item 45. To consider whether the holder of a Joint Hackney Carriage/Private Hire Driver Licence remains ‘a fit and proper person’ to hold a licence and to determine the future of their Joint Hackney/Private Hire Driver Licence. Minutes: The Sub-Committee considered a report regarding the holder of a Joint Hackney Carriage/Private Hire Driver Licence who had been arrested in connection with alleged offences. The Sub-Committee was informed that the application fell within the Council’s policy for determination by the Sub-Committee. Accordingly, the hearing had been convened to enable the Sub-Committee to determine whether the licence holder remained a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence. The licence holder was not in attendance at the hearing. After a full hearing, and in accordance with the rules of procedure, the Chairman of the Sub-Committee reported that, after taking account of all the evidence, the following course of action had been agreed. RESOLVED - That the licence holder is no longer a fit and proper person to hold a hackney carriage/private hire drivers licence, and that the licence be revoked under section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 (‘the 1976 Act’) with immediate effect (in accordance with section 61(2B) of the 1976 Act). The Sub-Committee noted that the applicant would be reminded of the right to appeal this decision to the Magistrates Court within 21 days.
46.	11-12/18 Application for a Joint Hackney Carriage and Private Hire Driver Licence View the reasons why item 46. is restricted View the background to item 46. To consider whether the applicant is a ‘fit and proper person’ to be granted a Joint Hackney Carriage/Private Hire Driver Licence. Minutes: The Sub-Committee considered a report regarding an application for a Hackney Carriage/Private Hire Driver’s Licence. The Sub-Committee was informed that the application fell within the Council’s policy for determination by the Sub-Committee. Accordingly the hearing had been convened to enable the Sub-Committee to determine whether the application for a Hackney Carriage/Private Hire Driver’s Licence should be granted. The applicant and a representative of the applicant attended the hearing and made representations in respect of the application. After a full hearing of the application, and in accordance with the rules of procedure, the Chairman of the Sub-Committee reported that, after taking account of all the evidence, including the oral representations of the applicant and his representative, the following course of action had been agreed. RESOLVED – That the applicant is not a fit and proper person to hold a Hackney Carriage/Private Hire Driver’s Licence, and that the application for a licence be refused. The applicant was reminded of the right to appeal this decision to the Magistrates Court within 21 days.