Agenda and minutes

General Licensing Sub-Committee - Wednesday, 2nd February, 2011 10.00 am

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

Contact: Julie Zientek Email: julie.zientek@cheshireeast.gov.uk

Items
No.	Item
29.	Appointment of Chairman View the background to item 29. To appoint a Chairman for the meeting. Minutes: RESOLVED It was moved and seconded that Councillor P Whiteley be appointed as Chairman for the meeting.
30.	Apologies for Absence View the background to item 30. To receive any apologies for absence. Minutes: None.
31.	Declarations of Interest View the background to item 31. 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: None.
32.	Exclusion of the Public and Press View the background to item 32. 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: 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. RESOLVED That the Exclusion Resolution be moved as printed.
33.	10-11/10-Consideration of Fitness to hold a Hackney Carriage Driver Licence View the reasons why item 33. is restricted View the background to item 33. To consider whether the holder of a Hackney Carriage Driver’s Licence remains ‘a fit and proper person’ and to determine the future of their Hackney Carriage Driver’s Licence. Minutes: The Sub-Committee considered a report regarding the future of a Hackney Carriage Driver Licence. The Sub-Committee’s attention was drawn to the Council’s Statement of Policy about Relevant Convictions and Members were invited to consider if the Licence Holder was a “fit and proper” person to hold a licence. The Licence Holder and his father were in attendance throughout the hearing and spoke in support of the Licence. At this point in the proceedings, the Licence Holder, his Father and the Licensing Officer withdrew from the meeting whilst the Sub-Committee reached its decision. Following full consideration of the report, taking into account all the evidence, including written and oral representations, the Sub-Committee determined the future of the Licence. The Licence Holder, his Father and the Licensing Officer re-joined the meeting to be informed of the Sub-Committee’s decision. RESOLVED – That the Licence Holder remained a fit and proper person to hold a hackney carriage drivers Licence and therefore resolved to take no formal action in relation to the future of the Licence. However, the Sub-Committee wished to give the Licence Holder a formal warning about any future conduct. The Licensing Authority would take a very serious view of any future convictions and the Licence Holder was made aware that any such convictions could place the future of the Licence in jeopardy. The Licence Holder was also reminded about the importance of compliance with the conditions on the Licence, in particular those relating to the reporting of any convictions.
34.	10-11/11-Consideration of Fitness to hold a Hackney Carriage and Private Hire Driver Licence View the reasons why item 34. is restricted View the background to item 34. To consider whether the holder of a Hackney Carriage Driver’s Licence remains ‘a fit and proper person’ and to determine the future of their Hackney Carriage and Private Hire Driver’s Licence. Minutes: The Sub-Committee considered a report regarding the future of a Joint Hackney Carriage/Private Hire Driver Licence. Members were invited to consider if the Licence Holder was a “fit and proper” person to hold a Licence. The Licence Holder was in attendance throughout the hearing and spoke in support of the Licence. In addition the complainant and a witness for the Licence Holder individually were called to provide evidence following which they withdrew from the hearing. At this point in the proceedings, the Licence Holder and the Licensing Officers withdrew from the meeting whilst the Sub-Committee reached its decision. Following full consideration of the report, taking into account all the evidence, including written and oral representations, the Sub-Committee determined the future of the Licence. The Licence Holder and the Licensing Officers re-joined the meeting to be informed of the Sub-Committee’s decision. RESOLVED – The Sub-Committee determined, that whilst it took a very serious view of any form of inappropriate behaviour by taxi drivers, including public disputes between any driver and another driver on the rank, it was not proportionate in the circumstances to take any formal action in relation to the future of the Licence. However, the Sub-Committee wished to highlight the fact that it expected a very high standard of behaviour from its Licensed drivers and expected the Licence Holder to conform to this standard. The Sub-Committee would take a very serious view of any further substantiated complaints made against the Licence Holder about his behaviour and conduct towards other drivers. (The meeting adjourned at 1.25pm and reconvened at 1.30pm)
35.	10-11/12-Consideration of Fitness to hold a Hackney Carriage and Private Hire Driver Licence View the reasons why item 35. is restricted View the background to item 35. To consider whether the holder of a Hackney Carriage Driver’s Licence remains ‘a fit and proper person’ and to determine the future of their Hackney Carriage and Private Hire Driver’s Licence. Minutes: The Sub-Committee considered a report regarding the future of a Joint Hackney Carriage/Private Hire Driver Licence. Members were invited to consider if the Licence Holder was a “fit and proper” person to hold a Licence. The Licence Holder was in attendance throughout the hearing and spoke in support of the Licence. In addition the two complainants and a witness for the Licence Holder individually were called to provide evidence following which they withdrew from the hearing. At this point in the proceedings, the Licence Holder and the Licensing Officers withdrew from the meeting whilst the Sub-Committee reached its decision. Following full consideration of the report, taking into account all the evidence, including written and oral representations, the Sub-Committee determined the future of the Licence. The Licence Holder and the Licensing Officers re-joined the meeting to be informed of the Sub-Committee’s decision. RESOLVED – The Sub-Committee has determined that, whilst it took a very serious view of any form of inappropriate behaviour by taxi drivers, including public disputes between any driver and another driver on the rank, it was not proportionate in the circumstances to take any formal action in relation to the future of the Licence. However, the Sub-Committee wished to highlight the fact that it expected a very high standard of behaviour from its Licensed drivers and expected the Licence Holder to conform to this standard. The Sub-Committee would take a very serious view of any future substantiated complaints made against the Licence Holder about his behaviour and conduct towards other drivers.