Agenda and draft minutes

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

Contact: Democratic Services 

Items
No. Item

1/20

Apologies

To receive apologies for absence.

Minutes:

None.

2/20

Declaration of Interest

The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011.  Those Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.

 

Minutes:

None.

3/20

Procedures pdf icon PDF 62 KB

Minutes:

Following introductions, the meeting commenced.  The procedures were explained to the Licence Holder.  The substitute member, Councillor Morton, remained in the room to observe and did not take part in the hearing.

 

4/20

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 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A to the Act.”

 

Part B – Item from which the press and the 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 items of business on the grounds that they involve the disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A to the Act.

 

5/20

Application for the grant of a Hackney Carriage/Private Hire Driver's licence

Report of the Shared Public Protection Manager, Sarah Shipley.

Additional documents:

Minutes:

The Licensing Hearing Panel heard the application in accordance with the Council’s agreed procedure.

 

The Hearing took place in the presence of the Applicant, Applicant’s witness, Applicant’s employer, Licensing Officers and the Legal Services Manager.

 

The Licensing Officer presented the report which was to determine an application for the grant of a Hackney Carriage / Private Hire Drivers licence.

 

Members were asked to consider the information in the report to determine if the Applicant was a fit and proper person to hold a Breckland Council Hackney Carriage / Private Hire Drivers Licence in line with legislation and policy. 

 

The Applicant was given the opportunity to explain the incidents listed within the report.  The Panel also heard from the Applicants Employer and the Applicants witness.  Following a number of questions to clarify the circumstances the Applicant together with the Applicants employer, the Applicants witness and Licensing Officers withdrew from the meeting to allow Members to consider their options.

 

Whilst the Panel made its determination, the substitute Member remained in the room, but did not take part in the discussion.  The Applicant, Applicants employer, Applicants witness and Licensing Officers were invited back to hear the decision.

 

The Licensing Hearing Panel took into account the fact that safety of the public was paramount, and that as a taxi driver, must be a person of trust. The Panel’s principle consideration was whether or not the applicant was a fit and proper person to hold a taxi licence.

 

The Panel considered Breckland Council’s Licensing Procedures and Policy; the Local Government (Miscellaneous Provisions) Act 1976; the Town & Police Clauses Act 1847, together with the verbal statement made by the Applicant, the Applicant’s employer and Applicant’s witness to the Panel.

 

The Panel concluded that the application for a Hackney / Private Hire drivers licence be granted.  It was on the basis that the Applicant’s failure to notify the Council of their motoring offence and change of address was not a dishonest or a deliberate act in itself, but more to do with the circumstances the Applicant was in at the time.  The Panel had taken into account that the Applicant was contrite and apologised for the errors and took on board assurances that it would not happen again and that the Applicant would re-read the white book.  Finally, the Panel took into account the fact that the Applicant’s employer considered that they were a fit and proper person to hold Hackney / Private Hire drivers licence, and had faith in them.

 

RESOLVED that the application for a Hackney Carriage / Private Hire Drivers Licence be granted.

 

The Legal Services Manager went on to explain the right of appeal within 21 Days.