Agenda and minutes

General Licensing Sub-Committee
Thursday, 20th June, 2019 10.00 am

Venue: Committee Suite 2/3 - Westfields, Middlewich Road, Sandbach, CW11 1HZ. View directions

Contact: Julie Zientek  Democratic Services Officer

Link: Audio recording

Items
No. Item

1.

Appointment of Chairman

To appoint a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor D Edwardes be appointed Chairman.

 

2.

Apologies for Absence

To receive any apologies for absence.

Minutes:

There were no apologies for absence.

 

3.

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.

Minutes:

There were no declarations of interest.

 

4.

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.

 

5.

19-20/1 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 a representative of the licence holder attended the hearing and made representations in respect of the case.

 

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 at this time a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver’s Licence

 

(b)     That the Joint Hackney Carriage/Private Hire Driver’s Licence be subject to a period of suspension for 14 days as a deterrent sanction.

 

The licence holder was reminded of the right to appeal this decision to the Magistrates’ Court within 21 days of service of the written notice of the decision.

6.

19-20/3 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 Joint 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 Joint Hackney Carriage/Private Hire Driver’s Licence should be granted.

 

The applicant 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 applicant is not at this time a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver’s Licence, and that the application for a Joint Hackney Carriage/Private Hire Driver Licence 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 of service of the written notice of the decision.

7.

19-20/2 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, a representative of the licence holder and a supporter of the licence holder attended the hearing and made representations in respect of the case.

 

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 at this time a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver’s Licence

 

(b)     That the Joint Hackney Carriage/Private Hire Driver’s Licence be subject to a period of suspension for 2 months as a deterrent sanction.

 

The licence holder was reminded of the right to appeal this decision to the Magistrates’ Court within 21 days of service of the written notice of the decision.

8.

19-20/4 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 Joint 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 Joint Hackney Carriage/Private Hire Driver’s Licence should be granted.

 

The applicant attended the hearing and made representations in respect of the case.

 

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 applicant is at this time a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence, and that the application for a licence be granted for a period of twelve months to enable the applicant to demonstrate that they continue to be a fit and proper person to hold a Joint Hackney Carriage/Private Hire Driver Licence.

 

(b)    That the application for a licence be granted subject to successful completion of the Council’s in-house knowledge test within three months of receipt of the written notice of the decision.

 

The applicant was reminded of the right to appeal this decision to the Magistrates’ Court within 21 days of service of the written notice of the decision.