Agenda and minutes

Licensing Sub Committee - Thursday 2nd November 2006 10.00 am

Venue: Civic Offices, High Street, Epping

Contact: Z Folley (Direct Line 01992 564532)  Email:  zfolley@eppingforestdc.gov.uk

Items
No. Item

47.

ELECTION OF CHAIRMAN

Under the terms of reference for the Licensing Committee each Sub-Committee is required to elect a Chairman on an ad hoc basis for the duration of the meeting.

Minutes:

RESOLVED:

 

That, in accordance with the terms of reference for the Licensing Committee, Councillor Mrs P Smith be elected Chairman for the duration of the Sub-Committee meeting.

48.

DECLARATIONS OF INTEREST

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

Minutes:

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

49.

PROCEDURE FOR THE CONDUCT OF BUSINESS pdf icon PDF 18 KB

Minutes:

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

50.

EXCLUSION OF PUBLIC AND PRESS

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

 

6

 

 

 

7

 

 

8

 

 

 

Hackney Carriage Drivers' Licence - Mr Ian Greenaway

 

Hackney Carriage Drivers' Licence - Mr Paul Long

 

Hackney Carriage Drivers' Licence - Mr Mark Sampson

 

1

 

 

 

1

 

 

1

 

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.

 

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

 

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

 

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

 

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

 

Background Papers:  Paragraph 8 of the 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 (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

 

Inspection of background papers may be arranged by contacting the officer responsible for the item.

Minutes:

RESOLVED:

 

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they will involve the disclosure of exempt information as defined below in the relevant Paragraph of Part 1 of Schedule 12A of the Local Government Act 1972:

 

Agenda                        Subject                                               Exempt Information

Item No                                                                                    Paragraph No

 

6                                  Hackney Carriage                             1

                                    Driver’s License

                                    Application –

                                    Mr Ian Greenaway

 

7                                  Hackney Carriage Driver’s                        1

                                    License – Mr Paul Long

 

8                                  Hackney Carriage Driver’s                        1

                                    License – Mr Mark Sampson

51.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - APPLICATION FOR A HACKNEY CARRIAGE DRIVERS’ LICENCE

Recommendation:

 

To consider an application for a Hackney Carriage Drivers' Licence from Mr Ian Greenaway

 

1.         (Head of Environmental Services).  An application for a Hackney Carriage Drivers'  Licence was received from Mr Greenaway.

 

2.                  Mr  Greenaway’s Criminal Records Bureau disclosure revealed a relevant conviction which prevented officers granting the licence in accordance with the Delegated Authority Rules.

 

3.                  Details of the relevant convictions will be given at the meeting.

 

4.                  Mr Greenaway’s appeal sheet is attached.

Minutes:

The Sub-Committee noted that this application had been withdrawn.

52.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - APPLICATION FOR A HACKNEY CARRIAGE DRIVERS’ LICENCE

Recommendation:

 

To consider an application for a Hackney Carriage Drivers' Licence from Mr Paul Long

 

1.                  (Head of Environmental Services).  An application for a Hackney Carriage Drivers'  Licence was received from Mr Long.

 

2.                  Mr  Long’s Criminal Records Bureau disclosure revealed a relevant conviction which prevented officers granting the licence in accordance with the Delegated Authority Rules.

 

3.                  Details of the relevant convictions will be given at the meeting.

 

4.                  Mr Long’s appeal sheet is attached.

Minutes:

The Sub-Committee noted that Mr Long was not in attendance to explain the circumstances concerning his application, and therefore deferred the application until the next scheduled meeting.

53.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - APPLICATION FOR A HACKNEY CARRIAGE DRIVERS’ LICENCE

Recommendation:

 

To consider an application for a Hackney Carriage Drivers' Licence from Mr Mark Sampson

 

1.                  (Head of Environmental Services).  An application for a Hackney Carriage Driver’s  Licence was received from Mr Sampson.

 

2.                  Mr Sampson’s Criminal Records Bureau disclosure revealed a relevant conviction, which prevented officers granting the licence in accordance with the Delegated Authority Rules.

 

3.                  Details of the relevant convictions will be given at the meeting.

 

4.                  Mr Sampson’s appeal sheet is attached.

Minutes:

The Sub-Committee considered an application by Mr M Sampson for a Hackney Carriage License.The three Councillors that presided over this item were Councillors Mrs P Brooks, Mrs S Perry and Mrs P Smith. The Sub-Committee noted that officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee. The Chairman welcomed the applicant, introduced the members and officers present, and explained the procedure that would be followed for the determination of the application. The Environmental Health Manager informed the Sub-Committee of the circumstances under which the license could not be issued under delegated authority.

 

The applicant made a short statement to the Sub-Committee in support of his application, before answering a number of questions from members of the Sub-Committee. The applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated his application in private. 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 be granted to Mr M Sampson, subject to the Council’s standard terms and conditions.