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3 September 2009 (10.30 am) - Minutes

Summary

Licensing and Appeals Committee meeting Minutes held on 3 September at 10.30am

BABERGH DISTRICT COUNCIL            

LICENSING AND APPEALS COMMITTEE

MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE (HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE LICENSING) HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 3 SEPTEMBER 2009 (10.30 a.m.)

            PRESENT:                         Mr B L Lazenby - Chairman

Mr P J Holbrook
Mr L S Johnson

Mr R W Thake
Mr L H Young

 Also in attendance to make representations was:-

Mr L Carvell (Licensing Section)

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1    Declaration of Interests
2    Questions from Members
3    Exclusion of Public
4    Determination of Application to Grant a Combined Hackney Carriage/Private Hire Driver's Licence 

1        DECLARATION OF INTERESTS

None declared.

2        QUESTIONS FROM MEMBERS

None received.

3        EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

RESOLVED

That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during this item it is likely that there would be the disclosure to them of exempt information as indicated against the item. 

The Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. 

4        DETERMINATION OF APPLICATION TO GRANT A COMBINED HACKNEY CARRIAGE/PRIVATE HIRE DRIVER’S LICENCE (Exempt information by virtue of Paragraphs 1 and 7 of Part 1)

The Chairman of the Committee referred to the procedure to be followed at the hearing, a copy of which had been circulated with the Agenda. 

The Licensing Officer presented the report of the Head of Natural and Built Environment (Paper J82) concerning the application for a Combined Hackney Carriage/Private Hire Driver’s Licence from the person referred to in Paper J82, whose Medical Certificate and photo were circulated to Members prior to the commencement of the meeting.  Members also had before them his written submission, which was circulated at the meeting, and subsequently attached as a further Appendix to Paper J82.

In presenting Paper J82, the Licensing Officer reminded Members that they were asked to determine whether the applicant was a fit and proper person to hold a driver’s licence, and that any future application which might be submitted for an Operator’s licence would be subject to a separate procedure.   He also clarified a number of points raised during the course of the hearing and confirmed that Ipswich Borough Council had no record of any problems with the applicant since granting him driver and operator licences in January 2008.

The applicant referred to his written submission (subsequently attached to Paper J82 as Appendix (3)) and confirmed that he possessed a clean driving licence.  He answered questions from Members and clarified various matters relating to his application.

All parties were then requested to provide closing comments to the meeting.  Following this all parties withdrew to enable the Committee to deliberate the application. 

Members in considering the matter were aware of the considerations to be taken into account relative to the Rehabilitation of Offenders Act and the Council’s own Guidelines Relating to the Relevance of Convictions and Offences.  They also had regard to the length of time since the applicant’s most recent conviction and his age at that time.  After carefully balancing the various issues involved, they concluded  from the information given during the hearing, including the applicant’s written and oral submissions, that the applicant was a fit and proper person to hold a driver’s licence.

The parties were then called back into the meeting and the decision of the Committee was notified, after which the Chairman indicated to the applicant that he might wish to give careful consideration to his choice of referees for any application for an Operator’s licence, bearing in mind his contracts with Suffolk County Council.

RESOLVED

That the application for a Combined Hackney Carriage/Private Hire Driver’s Licence for the person referred to in Paper J82 be granted.

The business of the meeting was concluded at 11.05 a.m.

                                                                                                                                                    


Chairman




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Last updated on: 15 September 2009 | Date of next review: 15 September 2010

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