Agenda and minutes

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

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

23.

Apologies

To receive apologies for absence. 

Minutes:

Apologies for absence were received from Councillor W Richmond and Councillor Armes.

 

24.

Urgent Business

To note whether the Chairman proposes to accept any item as urgent business, pursuant to Section 100(B)(4)(b) of the Local Government Act, 1972.

Minutes:

None.

 

25.

Declaration of Interests

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.

 

26.

Non-Members Wishing to Address the Meeting

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

Minutes:

None.

 

27.

Hearing Procedures pdf icon PDF 51 KB

Minutes:

Noted.

 

28.

Exclusion of Press and Public

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.

 

29.

Consideration of Suspension/Revocation of Hackney Carriage/Private Hire Drivers Licence pdf icon PDF 57 KB

To receive a verbal update.

 

The Minutes from the last Special Appeals meeting held on 27 June 2014 are attached for information.

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 of the Hackney Carriage/Private Hire drivers licence, the Licence Holder’s representative, a Licensing Officer and Mrs Y Blake the Council’s Solicitor.

 

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

 

The Licensing Officer presented a verbal report updating Members that the Licence Holders licence had been suspended for a period of 28 days as there had been a query in relation to the medical fitness of the Licence Holder to drive a Hackney Carriage/Private Hire Vehicle.  This period was due to expire on 25 July 2014.

 

The Licensing Officer asked Members to consider the suspension/revocation of a Hackney Carriage/Private Hire Drivers Licence in accordance with Section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976 which states that a District Council may suspend or revoke, (on application under Section 46 of the Town Police Clauses Act 1847 or Local Government (Miscellaneous Provisions) Act 1976 as the case may be), the licence of a driver of a Hackney Carriage or Private Hire Vehicle on any of the following grounds:

 

b) any other reasonable cause;

 

(2B) If it appears that the interests of Public Safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under sub-section (2)(a) of this section includes a statement that that is so and an explanation why the suspension or revocation takes effect when the notice is given to the driver. 

 

The Chairman invited the Licence Holder to explain the circumstances.

 

The Licence Holder’s representative explained to the Committee that despite speaking with the GP on several occasions the Licence Holder was still unable to provide details that met Breckland District Council’s requirements.

 

The Legal Advisor acknowledged that the GP had written a letter to advise the Licence holder was able to drive a car.  It did not cover driving to a Group 2 standard as required by the Breckland Licensing Policy.  The Licence Holder had been asked to provide the Committee with the required information within 28 days. It had not been received.

 

The Licensing Officer explained to the Committee the difference between a standard driving licence, and the requirements of Breckland Council to drive a Hackney Carriage/Private Hire vehicle.

 

The Legal Advisor produced a Letter of Authority for the Licence Holder to sign so that the Council’s Licensing Team could request the information that was required by the GP.

 

Following a number of questions and having heard all the evidence, the Licence Holder, the Representative 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 of the Hackney Carriage/Private Hire drivers licence, the Licence Holder’s representative, and the Licensing Officer.  The Solicitor advised the Licence Holder on behalf of the Committee that:

 

30.

Next Meeting

To note the arrangements for the next meeting on Wednesday, 3 September 2014 at 10.00am in the Norfolk Room.

Minutes:

The arrangements for the next meeting on 3 September 2014 at 10:00am in the Norfolk Room were noted.