Agenda and minutes

Licensing Sub Committee - Thursday 5th June 2008 10.00 am

Venue: Council Chamber - Civic Offices. View directions

Contact: M Jenkins (Direct Line 01992 56 4607)  Email:  mjenkins@eppingforestdc.gov.uk

Items
No. Item

1.

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 M McEwen be elected Chairman for the duration of the Sub-Committee meeting.

2.

Declarations of Interest

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

Minutes:

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

3.

Procedure for the Conduct of Business pdf icon PDF 18 KB

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business, and the terms of reference.

4.

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

Application for a Hackney Carriage Driver’s License – Mr Bunyan

1

7

Application for a Hackney Carriage Driver’s Licence – Mr Lawson

1

8

Application for a Hackney Carriage Driver’s License – Mr West

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, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12(A) of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

 

Agenda                                                                       Exempt Infomration

            Item No           Subject                                               Paragraph Number

 

6                                            Application for a Hackney Carriage                1

Driver’s License –

Mr P Bunyan

 

7                                            Application for a Private Hire                           1

License (Driver) –

Mr J Lawson

 

            8                      Application for a Hackney Carriage                1

                                    Driver’s License –

                                    Mr M West

5.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISION) ACT 1976 - APPLICATION FOR A HACKNEY CARRIAGE DRIVER'S LICENSE - MR BUNYAN pdf icon PDF 21 KB

(Director of Environment and Street Scene) To consider the attached application.

Minutes:

The Sub-Committee agreed to defer this case to the next meeting as the applicant was unavailable to attend the meeting.

 

RESOLVED:

 

That the application submitted by Mr P Bunyan for a Hackney Carriage Driver’s License be deferred to the next meeting

6.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISION) ACT 1976 - APPLICATION FOR A HACKNEY CARRIAGE DRIVERS LICENSE - MR J LAWSON pdf icon PDF 21 KB

(Director of Environment and Street Scene) To cosnider the attached application.

Minutes:

The Sub-Committee considered an application by Mr J Lawson for a Private Hire License (Driver). The Councillors that presided over this item were Councillors Mrs M McEwen, Mrs P Smith and J Wyatt. Members noted that officers did not have delegated powers to grant this application and, as a result, the application was considered by the Sub-Committee. The Chairman welcomed the applicant, and introduced the members and officers present. The Assistant Head (Legal) Principal Solicitor 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 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 a Private Hire License (Driver) be granted to Mr J Lawson, subject to the Council’s standard terms and conditions.

7.

LOCAL GOVERNMENT (MISCELLANEOUS PROVISION) ACT 1976 - APPLICATION FOR A HACKNEY CARRIAGE DRIVERS LICENSE - MR M WEST pdf icon PDF 21 KB

(Director of Environment and Street Scene) To consider the attached application.

Minutes:

The Sub-Committee considered an application by Mr M West for a Hackney Carriage Driver’s License. The Councillors that presided over this item were Councillors Mrs M McEwen, Mrs P Smith and J Wyatt. The Sub-Committee noted that officers did not have delegated powers to grant this application and, as a result, the application was 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 Assistant Head (Legal) Principal Solicitor 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 by Mr M West for a Hackney Carriage Driver’s License be refused.