Licensing Hearing Panel Delegations: Reference: OD04/20
Decision Maker: Chief Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Licensing Hearing Panel Delegations
That the Chief Executive, in accordance with the delegation at Part 3 Section F2 paragraph 6 of the Constitution, and as an immediate action in relation to a major incident under the Peacetime Emergency Plan, approves the following delegation,such decision to take effect immediately:-
the Public Protection Manager, the Licensing and Business Support Manager and the Licensing Team Leader be given delegated authority, under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 to deal with all and any matters relating to the licensing of hackney carriages and private hire vehicles which would normally be submitted to the Licensing Hearing Panel for determination subject to:
· no officer with any interest in any matter taking any part in the determination of that matter;
· consultation with the Chairman of the Licensing Committee prior to refusal, suspension or revocation of any type of licence; or
· if the Chairman is not available then consult with the Vice Chairman of the Licensing Committee
· If neither the Chairman or Vice chairman are available consultation with a member of the pool of members who serve on the Licensing Committee; or
· no consultation if, and only if, the Chairman/Vice Chairman of the Panel, and all of the members of the pool of members who serve on the Panel, are not available.
Reasons for the decision:
The proposed delegation will allow member input into the refusal/suspension/revocation of applications unless and until member input is not available.
It is usual for all other matters to be dealt with by officers under delegation.
The Licensing Hearing Panel does not sit as a quasi-judicial body determining taxi and private hire licensing applications. Any appeals are submitted to the Magistrates Court. There are therefore no legal reasons preventing officers from dealing with all issues relating to the licensing of vehicle, drivers and operators licences under the provisions of the Local Government (Miscellaneous Provisions) Act 1976.
It is considered appropriate to keep virtual meetings to a minimum during the crisis. The situation can then be reviewed when it becomes possible to hold real time meetings.
Alternative options considered:
- Do nothing and continue to hold Licensing Panel Hearings whether virtually or face to face
The Licensing Hearing Panel consists of 3 members with 1 substitute. All members must be present for the Panel to be lawfully held. There is a pool of 15 members who may sit on the Panel.
Whilst it is now possible to hold virtual meetings, it is still possible that the number of members able to attend the Panel could diminish in the coming weeks which could prevent applications being determined. The applicant may not have the ability to attend a virtual hearing.
In addition virtual meetings are susceptible to IT problems and should be kept to a minimum if possible.
Publication date: 13/05/2020
Date of decision: 13/05/2020