Agenda and minutes

General Licensing Sub-Committee - Friday, 17th August, 2012 9.30 am

Venue: The Capesthorne Room - Town Hall, Macclesfield, SK10 1EA. View directions

Contact: Julie Zientek  Democratic Services Officer

Items
No. Item

10.

Appointment of Chairman

To appoint a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor P Whiteley be appointed Chairman.

 

11.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

 

12.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests and for Members to declare if they have predetermined any item on the agenda.

Minutes:

There were no declarations of interest.

 

13.

Exclusion of the Public and Press

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.

 

14.

12-13/06 Consideration of Fitness to Hold a Joint Hackney Carriage/Private Hire Driver Licence

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 Carriage/Private Hire Driver Licence.

Minutes:

The Sub-Committee considered a report regarding a complaint which had been made against the holder of a Joint Hackney Carriage/Private Hire Driver’s Licence.

 

The Sub-Committee was informed that the matter 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 and three representatives of the licence holder attended the hearing.

 

After hearing representations from the licensing officer, the licence holder’s barrister requested an adjournment, as one of the witnesses was not in attendance.

 

RESOLVED – That consideration of this matter be deferred to a future meeting of the General Licensing Sub-Committee, to allow one of the witnesses, who was not in attendance due to illness, to attend the meeting.

 

15.

12-13/07 Consideration of Fitness to Hold a Joint Hackney Carriage/Private Hire Driver Licence

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 Carriage/Private Hire Driver Licence.

Minutes:

The Sub-Committee considered a report regarding a complaint which had been made against the holder of a Joint Hackney Carriage/Private Hire Driver’s Licence.

 

The Sub-Committee was informed that the matter 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, two representatives of the licence holder and two witnesses attended the hearing and made representations.

 

Prior to hearing the evidence, one of the licence holder’s representatives submitted that there was no case to answer.  Following an adjournment, the Chairman reported that the Sub-Committee had decided that there were questions to answer, and that the hearing should proceed.

 

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 remains a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence and that no formal action be taken in relation to the future of their licence.

 

16.

12-13/08 Consideration of Fitness to Hold a Joint Hackney Carriage/Private Hire Driver Licence

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 Carriage/Private Hire Driver Licence.

Minutes:

The Sub-Committee considered a report regarding a complaint which had been made against the holder of a Joint Hackney Carriage/Private Hire Driver’s Licence.

 

The Sub-Committee was informed that the matter 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 and two witnesses attended the hearing and made representations.

 

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 remains a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence and that no formal action be taken in relation to the future of their licence.

 

17.

12-13/09 Application for a Joint Hackney Carriage and Private Hire Driver Licence

To consider whether the applicant is ‘a fit and proper person’ to be granted a Joint Hackney Carriage/Private Hire Driver Licence.

Minutes:

Note: Councillor C Andrew left the meeting prior to consideration of this matter.

 

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 two representatives 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, 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 at this time, 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.