Agenda and minutes

Licensing Sub Committee - Tuesday 1st March 2011 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

81.

Apologies for Absence

Minutes:

Apologies had been received from Councillor Mrs R Gadsby, Councillor Mrs M McEwen was kind enough to substitute for her.

82.

Declarations of Interest

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

Minutes:

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

83.

Procedure for the Conduct of Business pdf icon PDF 72 KB

Minutes:

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

84.

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

 

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, 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 the likely disclosure of exempt information as defined in the paragraphs of Part 1 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

 

7                                              Hackney Carriage Driver’s                  1

Licence

85.

Hackney Carriage Driver's Licence - Mr Uddin

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

Minutes:

The Sub-Committee considered a new application for a Hackney Carriage Driver’s Licence by Mr J Uddin. The three Councillors that presided over this item were Councillors B Rolfe, K Chana and D Wixley. 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.

 

RESOLVED:

 

That the application by Mr J Uddin for a Hackney Carriage Driver’s Licence be refused as the applicant had not been present at the meeting.

86.

Hackney Carriage Driver's Licence - Mr Halim

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

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr Abdul Halim. The three Councillors that presided over this item were Councillor B Rolfe, K Chana and D Wixley. 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 of the Sub-Committee’s decision.

 

RESOLVED:

 

That the application by Mr Abdul Halim be granted subject to the Council’s standard terms and conditions.

87.

Inclusion of Public and Press

To invite the public and 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.

88.

Breach of Authority's Vehicle Licensing Conditions - Chigwell Cars pdf icon PDF 73 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. It was found that Hackney Carriage Proprietor’s Licence Chigwell Cars Limited 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, Chigwell Cars Limited, had passed its interim examination and therefore the licence could continue.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Chigwell Cars Limited be continued as the vehicle inspection had now been satisfactorily carried out.

89.

Breach of Authority's Vehicle Licensing Conditions - Mr Linnard pdf icon PDF 73 KB

(Director of Corporat 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 Linnard 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 Linnard be suspended until his vehicle inspection had been satisfactorily carried out.

90.

Breach of Authority's Vehicle Licensing Conditions - Mr El Sayed - Olympic Taxis pdf icon PDF 74 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 El Sayed was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration. It was noted that following the publication of the agenda, Mr El Sayed’s vehicle had passed its interim examination and therefore the licence would continue.

 

RESOLVED:

 

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

91.

Breach of Authority's Vehicle Licensing Conditions - Mr Fagbayi pdf icon PDF 97 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 Fagbayi 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 Fagbayi’s vehicle had passed its interim examination and therefore the licence would continue.

 

RESOLVED:

 

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

92.

Breach of Authority's Vehicle Licensing Conditions - Mr Firth pdf icon PDF 73 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 Firth was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration. Mr Firth advised the Sub-Committee that he was surrendering his Hackney Carriage Vehicle Licence plate to the District Council. Therefore there was no decision for the Sub-Committee to make.

93.

Breach of Authority's Vehicle Licensing Conditions - Mr Kabir pdf icon PDF 73 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 Kabir was in breach of this condition, despite two reminders. However, his vehicle had failed its test.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr Kabir be suspended until his vehicle inspection can be satisfactorily carried out.

94.

Breach of Authority's Vehicle Licensing Conditions - Mr P Sadler pdf icon PDF 73 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 Sadler 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 Sadler be suspended until his vehicle inspection had been satisfactorily carried out.

95.

Breach of Authority's Vehicle Licensing Conditions - Mr Paget pdf icon PDF 73 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 Paget was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration. It was noted that following the publication of the agenda, Mr Paget’s vehicle had passed its interim examination and therefore the licence would continue.

 

RESOLVED:

 

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

96.

Breach of Authority's Vehicle Licensing Conditions - Mr Wooster pdf icon PDF 97 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 Wooster was in breach of this condition, despite two reminders. However, it was noted that his vehicle had failed its test.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Mr Wooster be suspended until his vehicle inspection can be satisfactorily carried out.

97.

Breach of Authority's Vehicle Licensing Conditions - Miss C Lawson pdf icon PDF 98 KB

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. Miss Lawson was in breach of her condition, despite two reminders, and had been referred to the Sub-Committee for consideration. It was noted that following the publication of the agenda, Miss C Lawson’s vehicle had passed its interim examination and therefore the licence would continue.

 

RESOLVED:

 

That the Hackney Carriage Vehicle Licence for Miss C Lawson be continued as her vehicle inspection had now been satisfactorily carried out.