Agenda and minutes

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

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

31.

Minutes (Agenda Item 1)

To confirm the Minutes of the following meetings:

31/14a

Minutes of the meeting held on 16 July 2014 pdf icon PDF 68 KB

Minutes:

With regard to Minute No 18/14, Local Government (Miscellaneous Provisions) Act 1976, the Solicitor suggested amendments to the text and Resolution to clarify the Committee’s intentions.  In the fourth paragraph on page 3 of the Minutes the sentence starting ‘The matter would then…’ should conclude with the words, ‘if available.’  The final sentence of that paragraph should be amended to read ‘The decision to revoke or suspend a licence would be made following consultation, whenever possible.’

 

The Resolution should be amended to read:

 

RESOLVED that in urgent cases only, authority be delegated to the Licensing Officers to revoke a licence or to suspend a licence for a specific period, not exceeding three months.

 

Finally, an additional sentence should be added to say that ‘The Committee made clear that they would prefer consultation to take place before such action was taken, whenever that was possible.’

 

RESOLVED that subject to the amendments above the Minutes of the meeting held on 16 July 2014 were confirmed as a correct record and signed by the Chairman.

31/14b

Minutes of the Special meeting held on 25 July 2014 pdf icon PDF 57 KB

Minutes:

RESOLVED that the Minutes of the Special meeting held on 25 July 2014 were confirmed as a correct record and signed by the Chairman.

32.

Apologies (Agenda Item 2)

To receive apologies for absence. 

Minutes:

Apologies for absence were received from Councillors Armes and Askew.

33.

Revocation of Driver Licences (Agenda Item 6) pdf icon PDF 72 KB

Report of the Assistant Director for Community.

 

Minutes:

The Licensing & Business Support Manager tabled the following procedures for the Licensing Officers to use if they had to exercise their delegated powers to revoke or suspend a licence. 

  • All intelligence will be from a creditable source only and be restricted to the police i.e. Police Disclosure Unit and GP/qualified medical officer. Cases could include charges of rape, other sexual related incidences, violent attacks or medical related issues which mean the driver no longer meets the DVLA group 2 standard.
  • Reports from the public of a serious nature will be either informed to the police or an investigation completed and taken to a future committee panel for final decisions - this will depend on what the complaint is.

·         On receipt of the information from the police or medical practitioner the driver will be contacted by an officer to be made aware of the allegation and requested to attend the office to discuss the report and put forward his/her case - all reasons will be recorded in writing. A minimum period of 2 hours will be provided and all methods of communicating the appointment will be explored e.g. telephone calls, voice mails, text, a visit to the home or a combination of these methods. All interviews are to be conducted in the council offices and only in extreme medical situations the officer should attend their home accompanied by another member of staff. All dealings with the driver will be conducted with two members of staff and if felt relevant due to the nature of the incident with the police or other alternative person to ensure no one is placed in any danger.

·         If the driver decides not to attend the meeting the matter is still dealt with in their absence and will not delay the decision making process – this decision needs to be recorded.

A decision would be made by the Licensing Officer or Assistant Licensing Officer, a Senior Officer (Licensing Manager or Head of Service), a member of CMT and the Chairman or Vice Chairman of the Appeals committee (or as many as could be contacted).

  • Once the decision by the parties above has been agreed the licensing officer or the licensing manager has the relevant delegation to sign any revocations/ suspensions required.
  • All decisions and actions should be taken within 48 working hours and ideally within 24 hours of receipt of the information.
  • If a drivers licence is revoked and later is found to be not guilty/ no longer relevant etc and is confirmed by the police/ medical officer the team will deal with the matter as a priority to get the licence re-instated. If there is a period of time left on the licence at the point of revocation this will be the time reinstated on the licence issue and the department will not charge for such licence.
  • Case will be discussed with legal advice if required and determined on each case as required.

 

The procedures complied with best practice and included an opportunity for  ...  view the full minutes text for item 33.

34.

Hearing Procedures (Agenda Item 7) pdf icon PDF 60 KB

Minutes:

The procedures were noted.

35.

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) 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 involve the disclosure of exempt information as defined in paragraphs 1, 2 and 7 of Part 1 of Schedule 12A to the Act.

 

36.

Consideration of suspension/revocation of a Hackney Carriage/Private Hire drivers licence (Agenda Item 9)

Report of the Assistant Director for Community.

Minutes:

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


The Hearing took place in the presence of the Licence Holder, a Licensing Officer and Mrs Blake, the Council’s Solicitor.

 

The Chairman made introductions and explained the procedures to the License Holder.

 

The Licensing Officer presented the report and then the Licence Holder was asked to explain the circumstances of the offence.  

 

The Licence Holder apologised for his oversight.  He had thought that he had provided the Council with a copy of his licence following his change of address which had taken place at about the same time that he had received the penalty points.

 

Following a number of questions to clarify the circumstances and having heard all the evidence the Licence Holder and the Licensing Officer withdrew from the meeting to allow the Committee to consider their options.

 

After considering the matter the Committee recalled the Licence Holder and the Licensing Officer and the Solicitor advised, on behalf of the Committee, that no further action would be taken.  She explained that the Committee was making an exception as the Licence Holder had kept the licence clean since the offence.  However, the Committee had made clear that they would take a very dim view of any future failures to notify the Council of further convictions or changes.

 

RESOLVED not to suspend or revoke the Licence Holder’s Hackney Carriage/Private Hire driver’s licence.

 

37.

Next Meeting (Agenda Item 10)

To note the arrangements for the next meeting on Wednesday, 15 October 2014.

Minutes:

The arrangements for the next meeting on 15 October 2014 in the Norfolk Room, Conference Suite, Elizabeth House, Dereham were noted.