Agenda and minutes

Licensing Sub Committee - Tuesday 1st February 2011 10.30 am

Venue: Council Chamber - Civic Offices. View directions

Contact: Gary Woodhall (Office of the Chief Executive)  Tel: 01992 564470 Email:  gwoodhall@eppingforestdc.gov.uk

Items
No. Item

67.

Declarations of Interest

(Assistant to the Chief Executive) 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.

68.

Procedure for the Conduct of Business pdf icon PDF 72 KB

As attached.

Minutes:

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

69.

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

Hackney Carriage Driver’s Licence

1

7

Hackney Carriage Driver’s Licence

1

8

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:

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 they 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 Item No                     Subject                                    Exempt Information

Paragraph Number

 

            6                      Hackney Carriage Driver’s                              1

Licence – Mr M Rich

 

            7                      Hackney Carriage Driver’s                              1

                                    Licence – Mr J Smith

 

            8                      Hackney Carriage Driver’s                              1

                                    Licence – Mr J Uddin 

70.

Hackney Carriage Driver's Licence - Mr M Rich

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

Minutes:

The Sub-Committee considered an application for the renewal of a Hackney Carriage Driver’s Licence by Mr M Rich. The three Councillors that presided over this item were Councillors R Morgan, Mrs M Sartin, and Mrs P Smith. 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 Legal Officer informed the Sub-Committee of the circumstances under which the licence could not be renewed under delegated authority.

 

The applicant’s barrister, Mr Fugallo, made a short statement to the Sub-Committee in support of this application, before the applicant answered a number of questions from members of the Sub-Committee. The Chairman then 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 Rich for the renewal of a Hackney Carriage Driver’s Licence be granted subject to the Council’s standard terms and conditions.

71.

Hackney Carriage Driver's Licence - Mr J Smith

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

Minutes:

The Sub-Committee considered an application for the renewal of a Hackney Carriage Driver’s Licence by Mr J Smith. The three Councillors that presided over this item were Councillors R Morgan, Mrs M Sartin, and Mrs P Smith. 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 Legal Officer informed the Sub-Committee of the circumstances under which the licence could not be renewed 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 then 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 J Smith for the renewal of a Hackney Carriage Driver’s Licence be granted subject to the Council’s standard terms and conditions.

72.

Hackney Carriage Driver's Licence - Mr J Uddin

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

Minutes:

The Sub-Committee considered an application for the renewal of a Hackney Carriage Driver’s Licence by Mr J Uddin. The three Councillors that presided over this item were Councillors R Morgan, Mrs P Smith, 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.

 

Mr J Uddin had informed officers that he would be unable to be in attendance, and had asked that a decision be made in his absence.

 

RESOLVED:

 

That the application by Mr J Uddin for the renewal of a Hackney Carriage Driver’s Licence be deferred until the next meeting.

73.

Inclusion of Public & Press

To invite the public & press back into the meeting for the remaining items of business.

Minutes:

RESOLVED:

 

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

74.

Hackney Carriage Vehicle Licence - Mr A Chaudry pdf icon PDF 84 KB

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

Additional documents:

Minutes:

The Sub-Committee was informed that the Council’s Hackney Carriage Vehicle Licence conditions required vehicles to be submitted for interim examinations at testing premises approved by the Council. Mr A Chaudry was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr A Chaudry be suspended until his vehicle inspection had been satisfactorily carried out.

75.

Hackney Carriage Vehicle Licence - Mr J El Sayed pdf icon PDF 84 KB

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

Minutes:

The Sub-Committee was informed that the Council’s Hackney Carriage Vehicle Licence conditions required vehicles to be submitted for interim examinations at testing premises approved by the Council. Mr J El Sayed was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr J El Sayed be suspended until his vehicle inspection had been satisfactorily carried out.

76.

Hackney Carriage Vehicle Licence - Mr P Hobbs pdf icon PDF 84 KB

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

Minutes:

The Sub-Committee was informed that the Council’s Hackney Carriage Vehicle Licence conditions required vehicles to be submitted for interim examinations at testing premises approved by the Council. Mr P Hobbs was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr P Hobbs be suspended until his vehicle inspection had been satisfactorily carried out.

77.

Hackney Carriage Vehicle Licence - Mr D Jack pdf icon PDF 69 KB

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

Minutes:

The Sub-Committee was informed that the Council’s Hackney Carriage Vehicle Licence conditions required vehicles to be submitted for interim examinations at testing premises approved by the Council. Mr D Jack was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration. Following the publication of the agenda, Mr D Jack’s vehicle had passed its interim examination and therefore the licence could continue.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr D Jack be continued as his vehicle inspection had now been satisfactorily carried out.

78.

Private Hire Vehicle Licence - Miss C Lawson pdf icon PDF 84 KB

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

Minutes:

The Sub-Committee was informed that the Council’s Private Hire Vehicle Licence conditions required vehicles to be submitted for interim examinations at testing premises approved by the Council. Miss C Lawson was in breach of this condition for two vehicles, despite two reminders, and had been referred to the Sub-Committee for consideration. Additionally, two vehicles had failed tests and were undergoing repairs.

 

RESOLVED:

 

(1) That the Private Hire Vehicle Licences for Miss C Lawson pertaining to vehicles awaiting inspection be suspended until the vehicle inspections had been satisfactorily carried out; and

 

(2) That the Private Hire Vehicle Licences for Miss C Lawson pertaining to vehicles that had failed their inspection be suspended until suitable repairs had been carried out and further inspections performed satisfactorily.

79.

Hackney Carriage Vehicle Licence - Mr P Phillips pdf icon PDF 84 KB

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

Minutes:

The Sub-Committee was informed that the Council’s Hackney Carriage Vehicle Licence conditions required vehicles to be submitted for interim examinations at testing premises approved by the Council. Mr P Phillips was in breach of this  condition, despite two reminders, and had been referred to the Sub-Committee for consideration. Following the publication of the agenda, Mr P Phillips’ vehicle had passed its interim examination and therefore the licence could continue.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr P Phillips be continued as his vehicle inspection had now been satisfactorily carried out.

80.

Hackney Carriage Vehicle Licence - Mr Rennocks pdf icon PDF 69 KB

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

Minutes:

The Sub-Committee was informed that the Council’s Hackney Carriage Vehicle Licence conditions required vehicles to be submitted for interim examinations at testing premises approved by the Council. Mr Rennocks was in breach of this  condition, despite two reminders, and had been referred to the Sub-Committee for consideration. Following the publication of the agenda, Mr Rennocks’ vehicle had passed its interim examination and therefore the licence could continue.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr Rennocks be continued as his vehicle inspection had now been satisfactorily carried out.