Agenda and minutes

General Licensing Sub-Committee - Monday, 7th July, 2014 10.00 am

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

Contact: Julie Zientek  Democratic Services Officer

Items
No. Item

14.

Appointment of Chairman

To appoint a Chairman for the meeting.

Minutes:

RESOLVED:

 

That Councillor P Whiteley be appointed Chairman for the meeting.

15.

Apologies for Absence

To receive any apologies for absence.

Minutes:

Apologies for absence were received from Councillor Mrs G Wait.

16.

Declarations of Interest

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

17.

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.

 

Paragraph 1 - Information relating to any individual.

Paragraph 2 - Information which is likely to reveal the identity of an individual.

18.

14-15/6 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 their 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 the Licence holder is not a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence, and that the Joint Hackney Carriage/Private Hire Driver Licence should be revoked.

 

The Sub Committee noted that the Licence holder would be reminded of the right to appeal this decision to the Magistrates’ Court within 21 days.

 

(The meeting adjourned for a short break).

19.

14-15/7 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 and his representative attended the hearing and made representations in respect of their 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 the Licence holder is a fit and proper person at this time to hold a Joint Hackney Carriage/Private Hire Driver Licence, but that the Joint Hackney Carriage/Private Hire Driver Licence should be suspended for a period of six weeks as a punitive sanction.

 

The Sub Committee noted that the Licence holder would be reminded of the right to appeal this decision to the Magistrates’ Court within 21 days.

20.

14-15/8 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 and his representative attended the hearing and made representations in respect of their 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 the Licence holder is a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence.  The Sub-Committee’s felt that in the very specific circumstance of this case they could deal with the matter by way of a very stern warning with regard to the Licence holder’s future behaviour.

 

(The meeting adjourned for a short break).

21.

14-15/9 Application For The Grant Of A Joint Hackney Carriage/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:

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 his representative 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 was not a fit and proper person to hold a Hackney Carriage/Private Hire Driver’s Licence, and that the application be refused.

 

The Sub Committee noted that the applicant would be reminded of the right to appeal this decision to the Magistrates’ Court within 21 days.