Agenda and minutes

General Licensing Sub-Committee - Monday, 17th December, 2012 10.00 am

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

Contact: Julie Zientek  Democratic Services Officer

Items
No. Item

62.

Appointment of Chairman

To appoint a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor P Whiteley be appointed Chairman.

63.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

64.

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.

65.

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.

66.

12-13/34 Application for the Grant of a Hackney Carriage Vehicle Licence and the Removal of a Hackney Carriage Vehicle Condition

To consider an application for a hackney carriage vehicle licence and a request for exemption from a hackney carriage vehicle condition.

Minutes:

The Sub-Committee considered a report regarding a request to grant a Hackney Carriage Vehicle Licence in relation to a Citroen C4 Picasso registration JD08 JGV and to resolve whether:

 

                             i.                to resolve that the vehicle does not meet the Council’s Conditions, namely 1.5, and that there is no reason to deviate from the Council Policy and that the vehicle should not be licensed. OR

                            ii.                to resolve to waive Condition 1.5 of the Council’s Hackney Carriage Vehicle Licence Conditions Zone 3 Macclesfield  and therefore grant the Hackney Carriage Vehicle 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 should be granted.

 

The applicant, the applicant’s colleague and the applicant’s Solicitor attended the meeting 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 applicants oral representations, the following course of action had been agreed.

 

RESOLVED –

 

The Sub-Committee considered all the evidence and its own inspection of the vehicle and determined that the modified seats did meet the Council’s current minimum standards for Hackney Carriage vehicles and that there were no public safety reasons to deviate from these conditions. It therefore determined to grant the Macclesfield Zone 3 Hackney Carriage Vehicle Licence to carry six passengers.

 

(The meeting adjourned for a short break from 11.45am until 11.50am).

67.

12-13/35 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 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 attended the hearing and made representations in respect of the application.

 

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 Sub Committee determined that the Licence Holder remained a fit and proper person to hold a Drivers Licence, but the Sub-Committee took the view that as a result of the Licence Holder’s convictions and the breach of the Licence conditions the Licence Holder would receive a warning.

 

The Licence Holder was reminded of the right to appeal the decision to the Magistrates Court within 21 days.