Agenda and minutes

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

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

44.

Minutes pdf icon PDF 64 KB

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

Minutes:

It was noted that with regard to Minute No. 42/12 page 2, 6th paragraph, it should read breaking, not braking.

 

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

45.

Apologies

To receive apologies for absence. 

Minutes:

Apologies for absence had been received from Cllr Armes.

46.

Non-Members Wishing to Address the Meeting

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

Minutes:

Aida Li, Law Student from the UEA, and Kevin Shreeve, Trainee Solicitor, Overburys Solicitors were in attendance for training purposes only.

47.

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 procedure was noted.

48.

Application For The Grant of a Hackney Carriage/Private Hire Drivers 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 applicant, the Licensing Officer and Mr P Mason the Council’s Solicitor.

 

The Chairman made introductions and explained the procedures to the applicant.  The applicant was happy for Aida Li and Kevin Shreeve to be present for the hearing for observation/training purposes only.

 

Tiffany Bentley, Licensing Officer summarised the report which was to consider the grant of a Hackney Carriage/Private Hire drivers licence in accordance with Section 46 of the Town Police Clauses Act 1847 and Section 51(1) of the Local Government (Miscellaneous Provisions) Act 1976.  The principal consideration was whether the safety of the public might be at risk through the applicant’s driving history.  She advised that the applicant’s address had changed since the publication of the report.

 

The Solicitor gave legal advice to the Committee with regard to the definition of a fit and proper person, and he drew reference to the decision made which related to the case of McCool v Rushcliffe BC 1998 3, All England Law Reports and read out paragraph F, from page 891. 

 

The applicant who was accompanied by his Father was asked to explain to the Committee the circumstances which resulted in his motoring offences.  He advised that he had been caught by fixed speed cameras twice and a speed gun once. Twice the offences occurred between 3 a.m and 4 a.m and whilst he exceeded the 30 mph limit, he had driven below 40 mph.  Each time he was in the car on his own and one occurred when he was not a taxi driver.  His father had been granted a contract with Norfolk County Council to carry children in 2009, and due to his father’s illness, the applicant was joining with him to assist with the school contracts, should his father be unable to fulfil them.

 

The Committee noted the change in circumstances in that since the applicant’s application for the grant of a licence in June 2012, the answer to question 7 of the application should now read “Yes” (and not, “No”), as his role would involve regular work with children (e.g school transport contracts).

 

Having heard all the evidence, the applicant, his father and Officers withdrew to allow the Committee to consider their options.  The Members would apply the statutory test to the application to determine if they considered that the applicant was a fit and proper person to perform the duties expected of a Breckland Council Hackney Carriage/Private Hire driver.

 

After considering the matter the applicant, his father and the Officers returned.

 

The Solicitor advised the following findings of fact :

 

1.                  The applicant had previously held a licence from 2009 to 2012.

2.                  The applicant had 3 current speeding convictions.

3.                  On the evidence given by the applicant, all 3 offences occurred whilst the applicant was alone in the vehicle.

4.                  All speeding offences were between 30-40 mph.

5.                  The applicant amended his application to work  ...  view the full minutes text for item 48.

49.

Next Meeting

To note the arrangements for the next meeting on Wednesday 28 November 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, 28 November 2012 at 10.00 a.m in the Norfolk Room.