Agenda and minutes

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

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

Vice-Chairman in the Chair

61.

Minutes (Agenda item 1) pdf icon PDF 85 KB

To confirm the Minutes of the meeting held on 24 April 2013.

Minutes:

The Minutes of the meeting held on 24 April were agreed as a correct record and signed by the Chairman, subject to the following amendments that had been approved at the Full Council meeting on 23 May 2013:

 

(1)         Request for Exemption to Displaying an External Plate on a Licensed Vehicle (Minute No 58/13)

 

The last word of the second paragraph be changed from ‘exempt’ to ‘waived; and

 

(2)    Local Government (Miscellaneous Provisions) Act 1976 (Minute No 59/13)

 

It was clarified that the word ‘investigated’ should replace the word ‘increased’ in the recommendation.

 

62.

Apologies (Agenda item 2)

To receive apologies for absence. 

Minutes:

No apologies received.

Chairman in the Chair

63.

Declaration of Interests (Agenda item 4)

Members are reminded that under the Code of Conduct they are not to participate and must leave the room, for the whole of an agenda item to which they have a Disclosable Pecuniary Interest. 

 

In the interests of transparency, Members may also wish to declare any other interests they have in relation to an agenda item, that support the Nolan principles detailed within the Code of Conduct.

Minutes:

None.

64.

Hearing Procedures (Agenda item 6) pdf icon PDF 51 KB

Minutes:

Noted.

65.

House to House Collections Policy (Agenda item 7) pdf icon PDF 58 KB

Report of the Director of Commissioning.

Additional documents:

Minutes:

The Chairman said that she was hesitant to deal with the House to House Collection’s Policy as she was unsure whether policies were part of the Appeals Committee’s remit. She felt that the  

 

The Licensing Officer explained that he had spoken with the solicitor and following advice it was suggested that the policy document be withdrawn for further clarification.

 

It was agreed that the report be withdrawn

66.

Exclusion of Press and Public (Agenda item 8)

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”.

 

PART B

ITEMS FROM WHICH THE PRESS AND PUBLIC ARE EXCLUDED

 

Minutes:

RESOLVED that under Section 100(a)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it is likely to involve the disclosure of exempt information as defined in paragraphs 1, 2 and 7 of Part 1 of Schedule 12A to the Act.

 

67.

Consideration of Suspension/Revocation of a Hackney Carriage/Private Hire Drivers Licence (Agenda item 9)

Report of the Director of Commissioning.

Additional documents:

Minutes:

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

 

The Hearing took place in the presence of the holder of the hackney carriage/private hire drivers licence, his representative, a Licensing Officer, Mr D Lowens, the Council’s Solicitor together with a trainee solicitor as an observer.

 

The Chairman made introductions and explained the procedures to the applicant.

 

The Licensing Officer presented the report which was to consider the suspension/revocation of a Hackney Carriage/Private Hire driver’s licence in accordance with Section 51(2) of the Local Government (Miscellaneous Provisions) Act 1976 which included Condition 10 under the Drivers’ Conditions in relation to convictions. 

 

It was alleged that the licence holder had failed to comply with the conditions of his licence in that he failed to notify the Licensing Team of the speeding offences within the required time period.  A detailed overview of the report was provided by the Licensing Officer and it was highlighted that a further speeding offence had been committed in 2012.

 

The Chairman said it was the Committee’s duty to consider these offences and invited the licence holder to explain the circumstances.

 

The licence holder put his case forward and he circulated a copy of the letter that he had sent to his insurance company – he said the same would have been sent to Breckland Council which proved, in his opinion, that he had notified the Licensing Team of the offence committed in August 2013.  He then explained the reason why he had failed to produce his driving licence to the Licensing Team on two occasions.

 

The details and reasons for the three speeding offences were highlighted and the licence holder stated that he had been carrying passengers on one of the three occasions.

 

The solicitor asked for clarification of the Offence Codes as there seemed to be an inconsistency in relation to the dual carriageway speeding offence.

 

In response to a question, the licence holder explained that he worked full-time most of which was day work; this included a daily school run. The school run formed part of a contract carrying two passengers, a child with special needs and his/her escort.  He had been involved in this particular contract for just over 9 months.

 

In response to a further question about whether he had read the Council’s Licensing Conditions and Byelaws booklet, the licence holder advised that he had read most of it but could not remember everything just the important parts.  The Member highlighted the fact that if he had remembered the important parts he would not be in front of this Committee.

 

The Vice-Chairman asked if the appellant had been a taxi driver prior to 2005.  The appellant explained that he had only been a taxi driver since 2005 but had had a driver’s licence for over 30 years.  He had a mortgage and had dependents that relied on his income.

 

The licence holder’s representative informed Members that one of the conditions attached to the contract was that the same driver must  ...  view the full minutes text for item 67.

68.

Next Meeting (Agenda item 10)

To note the arrangements for the next meeting to be held on Wednesday, 11 September 2013 at 10.00am in the Norfolk Room.

Minutes:

The arrangements for the next meeting on Wednesday, 11 September 2013 at 10.00am in the Norfolk Room were noted.