Agenda and minutes

Venue: Norfolk Rooms, The Conference Suite, Elizabeth House, Dereham

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

38.

Minutes pdf icon PDF 78 KB

To confirm the Minutes of the meeting held on 4 April 2012.

Minutes:

With regard to minute number 32/12 Appeal Against Tree Preservation Order (TPO) 2012 No. 1 by Tulip Ltd, top of page 3, the complete sentence should read, Cllr T Jermy, Ward Representative, advised that he had been contacted by a number of residents with regard to the potential loss of the trees, and made the Committee aware of trees that had been removed from a neighbouring estate.

 

Subject to the above, the Minutes of the meeting held on 4 April 2012 were confirmed as a correct record and signed by the Chairman.

39.

Apologies

To receive apologies for absence. 

Minutes:

Apologies for absence had been received from Cllrs S Armes and S Askew.

40.

Non-Members Wishing to Address the Meeting

To note the names of any non-members who wish to address the meeting.

Minutes:

Ms Bethany Hughff was in attendance for training purposes only, as she was undertaking work experience at Overburys Solicitors.

41.

Hearing Procedures pdf icon PDF 51 KB

To consider passing the following resolution :

 

“That under Section 100(a)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they are likely to involve the disclosure of exempt information as defined in paragraph 1, 2 and 7 of Part 1 of Schedule 12A to the Act”.

Minutes:

The procedures were noted.

42.

Suspension/Revocation of a Hackney Carriage/Private Hire Driver's Licence

Report of the Assistant Director of Commissioning.

Minutes:

The Committee heard the application in accordance with the Council’s agreed procedure.

 

The Hearing took place in the presence of the appellant who was accompanied by his Mother, the Licensing Officer, Mr P Mason the Council’s Solicitor, and Ms Bethany Hughff a work experience student.

 

The Chairman made introductions and explained the procedures to the appellant.  The appellant confirmed he had received all relevant documentation, and was happy for the work experience student to remain in the meeting.

 

Patrick O’Brien, Licensing Officer summarised the report which was to consider the suspension/revocation of a Hackney Carriage/Private Hire driver’s licence in accordance with Section 61(1) (b) of the Local Government (Miscellaneous Provisions) Act 1976 under any other reasonable cause due to the failure of the licence holder to comply with the conditions attached to his hackney carriage vehicle.

 

The principal consideration was the appellant’s continual breach of licensing conditions, including the manner of his disposal of the Hackney Carriage HCV160.

 

The appellant advised that whilst he now understood what he should have done, at the time he had assumed that the new owner of the Mercedes Vito would inform the Council of the sale and transfer of the index plate and that he had not been aware that the new owner had not done so.

 

As to the accident the Toyota Avensis had been involved in, he assumed that notice had to be given in 3 days, and due to his replacement vehicle braking down on the way to see the Licensing Team, they were not available to see him later that afternoon as he had suggested.  He did not realise that he had done anything wrong until he had re-read the Guidelines, and that 72 hours meant 3 days.

 

The Licensing Officer explained the procedure with regard to Breckland Council being informed of vehicle accidents, and that proprietors could notify them in any form, and despite it being the appellant’s duty to do so, they had not received any notification of an accident from him.  He also explained the procedure with regard to the transfer of interest in a vehicle.

 

An email was received by the Licensing Team a considerable time after the due date they should have been notified of an accident, which was shown to Members and included a photograph of the damage sustained to the vehicle’s front off side wing.

 

The Solicitor clarified that with regard to legislation relating to the transfer of interest in the vehicle (Section 49(1) of the Local Government (Miscellaneous Provisions) Act 1976), it was clear that it was the duty of the proprietor to inform the Licensing Authority of any transfer of vehicle.

 

It was also the duty of the proprietor of a Hackney Carriage or Private Hire vehicle to report an accident involving a vehicle within 72 hours (Section 50(3) of the Local Government (Miscellaneous Provisions) Act 1976).

 

He raised Members’ attention to whether or not damage to the vehicle had materially affected the safety, performance or appearance of the vehicle or  ...  view the full minutes text for item 42.

43.

Next Meeting

To note the arrangements for the next meeting on Wednesday 5 September 2012 at 10.00 a.m in the Norfolk Room, Conference Suite, Elizabeth House, Dereham.

Minutes:

It was noted that the next meeting would be held on Wednesday, 5 September 2012 at 10.00 a.m in the Norfolk Room.