Agenda and minutes

To appoint a Chairman for the meeting.

RESOLVED – That Councillor P Whiteley be appointed Chairman.

To receive any apologies for absence.

There were no apologies for absence.

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.

There were no declarations of interest.

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, 2 and 7, pursuant to part 1 of Schedule 12 (A) of the Act.

RESOLVED - That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A) 4 of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7 as appropriate of Part 1 of Schedule 12A of the Local Government Act 1972 and public interest would not be served in publishing the information.

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.

(A decision on this item was deferred at a meeting of the General Licensing Sub-Committee held on 11 April 2011.)

The Sub-Committee considered a report regarding the holder of a Hackney Carriage/Private Hire Driver’s Licence who had been arrested and interviewed by Cheshire Police in relation to alleged offences.  Consideration of the future of the holder’s licence had been deferred at a meeting on 11 April 2011 to enable further evidence to be obtained from the police.

The licence holder was not in attendance at the hearing and had not formally notified the Licensing Authority that he would not be present.  The Sub-Committee resolved to hold the hearing and determine the matter in the licence holder’s absence.

A representative of Cheshire Constabulary attended the hearing and made representations in respect of the licence holder.

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, including the oral evidence from the representative of Cheshire Constabulary and documentary evidence in the report, the following course of action had been agreed.

RESOLVED

(a) That the licence holder is not a fit and proper person to hold a Hackney Carriage/Private Hire Driver’s Licence, and that the licence be revoked.

(b) That in the interests of public safety the hackney carriage/private hire driver’s licence be revoked with immediate effect.

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.