Agenda and minutes

To declare interests in any item on this agenda.

There were no declarations of interest made pursuant to the Member’s Code of Conduct.

The Sub-Committee noted the agreed procedure for the conduct of business.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Background Papers:  Article 17 - Access to Information, Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

RESOLVED:

(1)       That in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the item of business set out below on the grounds that it would involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or were confidential under Section 100(A)(2):

To consider the attached report (Background Papers to follow).

The Sub-Committee considered a new application for a Hackney Carriage Driver’s Licence in respect of Mr M A Mannan. The three Councillors that presided over this item were Councillors S Neville (Chairman), K Chana and J Jennings. Members noted that Officers did not have delegated powers to determine this new application and, as a result, the application had to be considered by the Sub-Committee.

The Chairman welcomed the Applicant, Mr M A Mannan, and Mr P Sadler of Sadlers Taxis, and also introduced the Members and Officers present. The Licensing Compliance Officer, D Houghton, informed the Sub-Committee of the circumstances under which the Applicant was brought to this Sub-Committee.

On behalf of the Applicant, Mr Sadler made a short statement in support of Mr Mannan’s case. Members of the Sub-Committee asked the Applicant a number of questions, which were answered by Mr Mannan, and with help from Mr Sadler and the Licensing Compliance Officer. On behalf of the Applicant, Mr Sadler made a short closing statement to the Sub-Committee.

The Chairman requested that the Applicant, Mr Sadler, Councillor L Hughes and the Licensing Compliance Officer leave the Chamber whilst the Sub-Committee considered the application in private.

During the Sub-Committee’s deliberations in private session, Assistant Solicitor R Ferreira gave members the following advice – that its decision had to be based on whether the Applicant was considered to be a fit and proper person based on the evidence before the Sub-Committee.

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

            RESOLVED:

            That the application for a Hackney Carriage Driver’s Licence for Mr M A Mannan be refused, as the Licensing Sub-Committee considered he was not a fit and proper person.