Agenda and minutes

Licensing Sub Committee - Tuesday 8th November 2011 10.30 am

Venue: Council Chamber, Civic Offices, High Street, Epping

Contact: Gary Woodhall - Office of the Chief Executive  Tel: 01992 564470 Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

39.

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.

40.

Procedure for the Conduct of Business pdf icon PDF 35 KB

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business.

41.

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

5

Hackney Carriage Driver’s Licence

1

6

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:

 

(1)        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 item 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 Item

Subject

Exempt Paragraph

 

5

Hackney Carriage Driver’s Licence – Mr Ahmed

 

1

6

Hackney Carriage Driver’s Licence – Mr M Mughal

 

1

 

42.

Hackney Carriage Driver's Licence - Mr N Ahmed

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

Minutes:

The Sub-Committee - comprising Councillors D Wixley, A Lion and W Pryor - considered an application for a Hackney Carriage Driver’s Licence by Mr N Ahmed. The Sub-Committee noted that the application could not be dealt with under delegated powers by Officers and, as a result, the application had to be considered by the Sub-Committee.

 

The Assistant Solicitor reported that the applicant had been admitted to Hospital and had requested his application be deferred until he had recovered sufficiently to attend.

 

Resolved:

 

(1)        That the application for a Hackney Carriage Driver’s Licence by Mr Ahmed be deferred.

43.

Hackney Carriage Driver's Licence - Mr M Mughal

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

 

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

Minutes:

The Sub-Committee - comprising Councillors D Wixley, A Lion and W Pryor - considered an application for a Hackney Carriage Driver’s Licence by Mr M Mughal. The Sub-Committee noted that the application could not be dealt with under delegated powers by Officers 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 granted 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:

 

(1)        That the application by Mr M Mughal for a Hackney Carriage Driver’s Licence be refused on the grounds that his Criminal Records Bureau check had revealed offences contrary to the Council’s Licensing Policy.

44.

Inclusion of Public and Press

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

Minutes:

Resolved:

 

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

45.

Hackney Carriage Vehicle Licence - Mr Cavos pdf icon PDF 73 KB

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

Additional documents:

Minutes:

The Sub-Committee -  comprising Councillors D Wixley, A Lion and W Pryor -  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 Cavos (Licence Plate H934) 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 Cavos had surrendered his Hackney Carriage Licence Plate to the Council, and therefore the Sub-Committee no longer had to consider the issue.

46.

Hackney Carriage Vehicle Licence - Mr J El Sayed pdf icon PDF 74 KB

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

Minutes:

The Sub-Committee – comprising Councillors D Wixley, A Lion and W Pryor - 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 (Licence Plate H1043) 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 J El Sayed’s vehicle had passed its interim examination and therefore the licence could continue.

 

Resolved:

 

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

47.

Hackney Carriage Vehicle Licence - Mr Festa pdf icon PDF 75 KB

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

Minutes:

The Sub-Committee – comprising Councillors D Wixley, A Lion and w Pryor - 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 Festa (Licence Plate H051) 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 Festa’s vehicle had passed its interim examination and therefore the licence could continue.

 

Resolved:

 

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

48.

Hackney Carriage Vehicle Licence - Mr Ford pdf icon PDF 74 KB

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

Minutes:

The Sub-Committee – comprising Councillors D Wixley, A Lion and W Pryor - 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 Ford (Licence Plate H1100) was in breach of this condition, despite two reminders, and had been referred to the Sub-Committee for consideration.

 

Resolved:

 

(1)        That the Hackney Carriage Vehicle Licence for Mr Ford be revoked due to the failure to submit his vehicle for inspection, as required by the Council.

49.

Hackney Carriage Vehicle Licence - Mr Hussani pdf icon PDF 74 KB

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

Minutes:

The Sub-Committee – comprising Councillors D Wixley, A Lion and W Pryor - 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 Hussani (Licence Plate H1140) 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 Hussani had surrendered his Hackney Carriage Licence Plate to the Council, and therefore the Sub-Committee no longer had to consider the issue.