Agenda and minutes

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

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

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

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):

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.

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                   1

Driver’s Licence –

Mr Hussain

            7                                  Hackney Carriage                   1

                                                Driver’s Licence –

                                                Mr Mallia

To note the hackney carriage driver's licence conditions.

The Sub-Committee noted the Hackney Carriage Driver’s Licence Conditions.

The Legal officer advised that Mr Hussain had been delayed and so the Sub-Committee heard Mr Mallia’s case first.

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

The Sub-Committee considered whether to suspend or revoke Mr Mallia’s Hackney Carriage Driver’s licence. The three councillors that presided over this item were Councillors M Sartin, G Waller and D Dodeja.

Members noted that officers did not have delegated powers to deal with this issue and, as a result, had to be considered by the Sub-Committee. The Chairman welcomed Mr Mallia and introduced the members and officers present. The Legal Officer informed the Sub-Committee of the circumstances.

Mr Mallia made a short statement in support of himself, before answering a number of questions from members of the Sub-Committee.

The Chairman requested that Mr Mallia leave the Chamber whilst the Sub-Committee debated in private. The Chairman invited the Mr Mallia back into the Chamber and informed him of the Sub-Committee’s decision.

RESOLVED:

That no action be taken in respect of Mr Mallia’s Hackney Carriage Driver’s Licence.

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

The Sub-Committee considered whether to suspend or revoke Mr Hussain’s Hackney Carriage Driver’s licence and Hackney Carriage Proprietor’s Licence. The three councillors that presided over this item were Councillors M Sartin, G Waller and D Dodeja.

Members noted that officers did not have delegated powers to deal with this issue and, as a result 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 breaches of the authority’s vehicle licensing conditions had taken place.

The applicant made a short statement in support of himself, before answering a number of questions from members of the Sub-Committee.

The Sub-Committee left the Chamber to debate his application in private. The Sub-Committee re-entered the Chamber and informed the applicant of their decision.

RESOLVED:

That in accordance with Sections 60(1) and 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 (as amended); the Licensing Committee have decided to suspend the Hackney Carriage Proprietors Licence and Hackney Carriage Drivers Licence for a further period of 30 days after which both licenses will stand revoked should Mr Hussain fail to comply with the conditions set out in the decision of the Licensing Sub-Committee on 2 August 2011.