Agenda and minutes

Venue: Anglia Room, The Conference Suite, Elizabeth House, Dereham

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

69.

Minutes (Agenda item 1) pdf icon PDF 62 KB

To confirm the Minutes of the meeting held on 10 July 2013.

Minutes:

a)           House to House Collections Policy (Minute No. 65/13)

 

The first paragraph ended in mid sentence and it was agreed to remove the words “She felt that…….”.

 

b)           Consideration of Suspension/Revocation of a Hackney Carriage/Private Hire Drivers Licence (Minute No. 67/13)

 

Paragraph 7 referred to August 2013 and it should have been August 2012. 

 

Towards the end of the Minute prior to the Solicitor’s explanation, the paragraph beginning “After consideration…” should read that the licence holder, his representative and the Licensing officer returned – not the Committee returned.

 

c)            Minutes

 

Subject to the above amendments, the Minutes of the meeting held on 10 July 2013 were confirmed as a correct record and signed by the Chairman.

70.

Apologies (Agenda item 2)

To receive apologies for absence. 

Minutes:

An apology for absence was received from the Chairman, Mrs L Monument.

 

A late apology was also received from Mr S Askew for the previous meeting.

71.

Hearing Procedures (Agenda item 5) pdf icon PDF 51 KB

Minutes:

Noted.

72.

Exclusion of Press and Public (Agenda item 6)

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 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”.

 

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 the 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.

73.

CONSIDERATION OF SUSPENSION/REVOCATION OF A HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS LICENCE (Agenda item 7)

Report of the Assistant Director of Commissioning.

Minutes:

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

 

The report was considered in the presence of the holder of the Hackney Carriage/Private Hire driver’s licence and his partner/spouse.

 

The Licensing Officer presented the report which was to consider the suspension/revocation of a Hackney Carriage/Private Hire driver’s licence.

 

The applicant had contacted the Licensing Team by telephone on 30 July 2013 notifying them of the 5 penalty points that he had received on his driving licence for driving without due care and attention; however, it had been found, on receipt of his driving licence, that the applicant was in breach of the Licensing Conditions in that he had failed to notify the Team in the required timescale and that he had been convicted of two offences. 

 

According to the Convictions Policy (attached at Appendix A of the report), an applicant, who had an isolated conviction for reckless driving or driving without due care and attention, would normally be warned as to future driving and advice on the standard expected of Hackney Carriage and Private Hire Drivers.  More than one conviction for this type of offence within a three year time period would merit refusal and no further application would be considered until a period of one to three years free from a conviction of a similar nature had elapsed. 

 

In relation to existing licence holders any conviction for a major traffic offence caused their “fit and proper” status to be reviewed immediately and the licence holder would have to appear before the Appeals Committee.

 

The applicant was given the opportunity to put his case forward.  He admitted that he had mistakenly misinformed the Team of the type of offence and failed to mention the fines. The incident had occurred in a car park and he had not been carrying any passengers at the time these offences took place.  The other vehicle owner had been recompensed and his vehicle had been repaired.

 

Having heard all the evidence and following a number of questions, the Licence Holder and his partner/spouse together with the Licensing Officers withdrew from the meeting to allow the Committee to consider the evidence presented to them.

 

On their return, the Solicitor summarised the Committee’s findings and it was

 

RESOLVED that no further action would be taken.

 

The reason for this decision was that Members felt that the applicant was a fit and proper person

 

The Chairman took the opportunity to warn the applicant that this matter had gone on record and it was imperative that any further offences be reported to the Licensing Team as set out in the Hackney Carriage/Private Hire Drivers Licensing Conditions.

74.

Next Meeting (Agenda item 8)

To note the arrangements for the next meeting on Wednesday, 23 October 2013 at 10.00am in the Norfolk Room.

Minutes:

The arrangements for the next meeting on Wednesday, 23 October 2013 at 10.00am in the Norfolk Room were noted.