Agenda and minutes

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

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

68.

Minutes (Agenda Item 1) pdf icon PDF 61 KB

To confirm the Minutes of the meeting held on 14 July 2010.

Minutes:

Application for the Renewal of a Hackney Carriage/Private Hire Drivers Licence (Minute No. 66/10)

 

It was noted that the final paragraph should read Section 51(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976, not S1(1)(a).

 

Minutes

 

Subject to this amendment, the Minutes of the meeting held on 14 July 2010 were confirmed as a correct record and signed by the Chairman.

69.

Apologies (Agenda Item 2)

To receive apologies for absence. 

Minutes:

Apologies for absence were received from Mr M. Fanthorpe and Mr I. Sherwood.

 

Stephanie Butcher also sent her apologies.

70.

Exclusion of the 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 7 of Part 1 of Schedule 12A to the Act.”

 

PART B –

ITEMS FROM WHICH THE PRESS AND PUBLIC HAVE BEEN 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 items of business on the grounds that they involve the disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A to the Act.

71.

Application to Suspend/Revoke a Hackney Carriage/Private Hire Drivers Licence

Report of the Director – Community Services.

 

Minutes:

The Hearing took place in the presence of the appellant and his employer.  Mr Phil Mason was also in attendance as the Council’s solicitor.

 

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

 

Mr Rowland Wilson, Licensing Officer (LO), presented the report, which was to consider the suspension/revocation of a Hackney Carriage/Private Hire Driver’s Licence in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act, 1976. 

 

The appellant confirmed that he had received all relevant documentation and that he agreed with what had been presented in the report.  

 

He explained the background to the case, which had included a weekend party.   The police had called round to his home later the following week in connection with a separate issue concerning ongoing anti-social behaviour by one of his neighbours.   They had found the drugs in the house.   The appellant said that they did not belong to him, and had presumably been left behind by one of his guests.   However, he decided to claim responsibility rather than start further investigations.   He had therefore received a caution and the Police Authorities had told him that they would be informing the Council of this.  

 

The appellant had therefore just assumed that the Council would be told.   However, having been contacted by the Licensing Team, he acknowledged that he should have personally notified the Council in writing within seven days of the caution, and apologised for not having done so.  

 

He explained that he worked full time (at least 60 hours per week).  He took his work very seriously and confirmed that he had a clean licence. 

 

His employer spoke in his defence, saying that the applicant had worked for him for a year.   He had been a very good and reliable driver, and had reported this incident immediately after it had happened. 

 

RESOLVED

 

Having read the report and heard the evidence, and in accordance with Section 61.1(b) of the Local Government (Miscellaneous Provisions) Act 1976, the sub-Committee decided to suspend the Hackney Carriage/Private Hire Driver’s Licence for a period of one week. 

 

The appellant was aware of the substance on his premises and had failed to dispose of it after several days.  In the circumstances, the sub-Committee had reasonable cause to suspend the licence as indicated.

 

Reason for the Decision

 

  1. To support the Council’s policy of ensuring the safety of the public; and

 

  1. To ensure appropriate conduct of drivers licensed by Breckland District Council.

 

The Chairman confirmed that the appellant had a right to appeal this decision at a Magistrate’s court.  The suspension would not come into effect until the appeal period had expired, and the appellant would receive written confirmation of all relevant details. 

 

 

72.

Determination of a Revocation of a Hackney Carriage/Private Hire Drivers Licence

Report of the Director – Community Services.

Minutes:

The Hearing took place in the presence of the appellant and his employer.  Mr Phil Mason was also in attendance as the Council’s solicitor.

 

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

 

Ian Shaw as the Licensing Officer (LO) presented the report, which was to consider the revocation of a Hackney Carriage/Private Hire Driver’s Licence in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act, 1976. 

 

The LO outlined the background and details of the case.   He also handed Members some late paperwork (which the appellant confirmed he had seen).  This comprised copies of a signed DVLA questionnaire, along with a letter from the DVLA confirming their acceptance of this, and that the applicant would be issued with a C1/C1E driving licence for the period of one year (i.e. to drive small lorries with trailers/weight restrictions).   Also attached was the letter from the applicant registering his appeal and citing his reasons.

 

Members were then given the opportunity to read through this new paperwork.

 

There was some concern as to why the paperwork was late, and also why the appellant had originally been granted a licence (apparently against Breckland policy, given that his medical condition had been declared at the time of application).

 

The LO explained that unfortunately these papers had not been circulated with the Agenda as they had only been seen by him late the previous afternoon.  He did not know why they had not been appended to the report.  

 

As to the original licence approval, this was currently under investigation.  The appellant confirmed that he had declared his condition on his original application.  The Licensing Officer concerned was shortly due back from a lengthy period of sick leave, so further details should become available in due course.

 

Meanwhile, the LO drew attention to the fact that two medical declarations had been completed by different doctors on the same day.  

 

One was the DVLA questionnaire which assessed the patient’s medical fitness to drive, and which was to be completed by “a hospital consultant specialising in the treatment of diabetes, in the presence of the applicant”; whilst the other (Appendix B to the report) comprised the medical report required by Breckland Council. 

 

There was an element of confusion as to whether the appellant had actually seen both Doctors on 11 May 2010, and, specifically, whether the DVLA questionnaire had been completed in the presence of the applicant.   Also, whether the Doctor who had signed this form satisfied Breckland Council’s requirement to be a “hospital consultant” specialising in the treatment of diabetes.  

 

The appellant explained that the doctor who had signed the DVLA form was certainly a local specialist in the treatment of diabetes and was the person to whom he reported on a regular (3-4 monthly) basis.  In response to questions, he said that believed that the doctor worked as the senior partner at the surgery, rather than as a “hospital consultant”. 

 

The appellant was given the opportunity to present his case, and his  ...  view the full minutes text for item 72.

73.

Next Meeting (Agenda Item 10)

To note that the next scheduled meeting on the Appeals Committee will be on Wednesday, 20 October 2010.

Minutes:

It was noted that the next meeting would be on Wednesday, 20 October 2010.