Agenda and minutes

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

Contact: Democratic Services  Tel: 01362 656870

Items
No. Item

Vice Chairman in the Chair

1.

Minutes (Agenda Item 1) pdf icon PDF 62 KB

To confirm the Minutes of the meeting held on 16 December 2015.

Minutes:

The Minutes of the meeting held on 16 December 2015 were confirmed as a correct record and signed by the Chairman.

 

2.

Apologies (Agenda Item 2)

To receive apologies for absence. 

Minutes:

Apologies for absence were received from Councillors Brame, Hollis, Monument and Stasiak.  Councillor Ashby was present as a Substitute. 

Apologies were also received from Councillors Bowes and Newton as they were unable to attend as Substitutes.

 

3.

Urgent Business (Agenda Item 3)

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.

 

4.

Declaration of Interests (Agenda Item 4)

Members are reminded that under the Code of Conduct they are not to participate in 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 that they have, in relation to an agenda item that supports the Nolan principles detailed within the Code of Conduct.

 

Minutes:

No declarations were made.

 

5.

Non-Members Wishing to Address the Meeting (Agenda Item 5)

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

Minutes:

None.

 

6.

Hearing Procedures (Agenda Item 6) pdf icon PDF 59 KB

Minutes:

Noted.

 

7.

Exclusion of Press and Public (Agenda Item 7)

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

 

8.

Consideration of suspension or revocation of Hackney Carriage / Private Hire drivers licence (Agenda Item 8)

Report of Executive Manager Public Protection.

Minutes:

The Licence Holder was invited into the room.  The Chairman introduced the Committee and Officers and explained the procedures.

 

The Licensing Officer presented the report.  The Licence Holder had failed to notify the Council of a driving offence, contrary to the conditions of the Licence.  He had received a verbal warning for a similar offence in 2011. 

 

Members raised concern about the recording of the verbal warning and the lack of evidence to confirm what had been said.

 

The Licensing Officer explained the procedure and that the Driver would have been advised of the need to comply with the conditions of the Licence and that any further offences would lead to a referral to Committee.

 

The Licence Holder said that he had been a taxi driver since 1998 and his licence had been clean for many years.  He was still in dispute about the matter as he had not received initial notification of the offence within 14 days and then, despite confirming that he would be willing to accept a Speed Awareness Course he had heard nothing more until a bailiff demanded payment of £615.

 

The Licensing Officer clarified that in order for the offence to proceed the police were required to serve notice within 14 days.

 

The Licence Holder had brought copies of correspondence he had received on the matter.  This was passed to Members to read.  It was apparent that there was some confusion about dates but the Licence Holder was adamant that he had not received the initial notification.

 

The Chairman asked if he had been the owner of the vehicle at the time of the offence and he confirmed that he was a ‘one man band’ working for himself.  He had been on his way to collect a fare from London at the time of the offence.  He had not known the road and the speed camera had been located in a tunnel just after a speed sign reducing the limit from 40 to 30mph.  He accepted that he had exceeded the speed limit.


The Solicitor referred to a Court document which had been sent to the Licence Holder outlining the options available to him and asked how he had responded to that.  The Licence Holder said that he had pleaded guilty by post but was disputing the conviction as he had not received the initial notification of the offence within 14 days and he had not received a response to his request that he be able to attend a Speed Awareness Course closer to his home address.

 

The Licence Holder concluded by saying that he had not had any problems before and he apologised for not informing the Council. He explained that he relied on his business to make a living and that people relied on him to provide a service which they would not easily be able to get elsewhere.  He confirmed that he had read the guidance manual.

 

The Licence Holder and the Licensing Officer left the room whilst the Committee made their  ...  view the full minutes text for item 8.

9.

Next Meeting (Agenda Item 9)

To note the arrangements for the next meeting to be held on 20 April 2016.

Minutes:

The date of the next meeting on 20 April 2016 was noted.

 

Members were reminded that they had been invited to a training session on Safeguarding that would follow the Licensing Committee meeting on Wednesday, 16 March.