Agenda and minutes

Licensing Sub Committee - Tuesday 1st June 2010 10.30 am

Venue: Council Chamber - Civic Offices. View directions

Contact: M Jenkins (Direct Line 01992 564607)  Email:  mjenkins@eppingforestdc.gov.uk

Items
No. Item

1.

Election of Chairman

 To note the Chairman for this meeting.

Minutes:

It was noted that in accordance with the decision taken at the Annual Council meeting on 25 May 2010, Councillor Mrs M McEwen was elected Chairman of the Licensing Sub-Committee for the duration of the 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 Member’s Code of Conduct.

3.

Procedure for the Conduct of Business pdf icon PDF 35 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 Licence

1

7

Application for a Hackney Carriage Driver’s Licence

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:

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

 

Agenda Item                          Subject                                   Exempt Information

No                                                                                           Paragraph Number

 

6                                              Application for a Hackney                   1

                                                Carriage Driver’s License

 

7                                              Application for a Hackney                   1

                                                Carriage Driver’s License

5.

Application for a Hackney Carriage Driver's Licence - Mr Raja

(Director of Corporate Support Services). To consider the attached application.

Minutes:

The Sub-Committee considered an application by Mr Raja for a Hackney Carriage Driver’s Licence. The three councillors that presided over this item were Councillors Mrs M McEwen, D Dodeja and Mrs J Hedges. Members 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 and introduced the members and officers present. The Assistant Solicitor informed the Sub-Committee of the circumstances under which the licence 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 Hackney Carriage Driver’s Licence be granted to Mr Raja, subject to the Council’s standard terms and conditions.

6.

Application for a Hackney Carriage Driver's Licence - Mr Akar

(Director of Corporate Support Services). To consider the attached application.

Minutes:

The Sub-Committee considered an application by Mr Akar for a renewal of a Hackney Carriage Driver’s Licence. The three councillors that presided over this item were Councillors Mrs M McEwen, Mrs P Brooks and D Dodeja. Members 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, and introduced the members and officers present. The Assistant 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 is 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 the renewal of a Hackney Carriage Driver’s Licence be granted to Mr Akar, subject to the Council’s standard terms and conditions.

7.

Inclusion of Public and Press

Minutes:

RESOLVED:

 

That the public and press be invited back into the meeting for the remaining items of business.

8.

Breach of Taxi Interim Tests pdf icon PDF 70 KB

To consider, under the Local Government (Miscellaneous Provisions) Act 1976 and the Town and Police Clauses Act 1847, breaches of the Taxi Interim Test by Mr Linnard.

Additional documents:

Minutes:

The Licensing Unit had identified a breach in the licensing conditions of the following person in respect of interim vehicle tests not having been completed:

 

  • Mr Linnard

 

However since the agenda for this meeting had been published the Sub-Committee were informed that satisfactory inspections had been completed.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr Linnard continue as an inspection had been satisfactorily carried out.