Agenda and minutes

Licensing Sub Committee - Thursday 14th March 2013 10.30 am

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

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

Items
No. Item

74.

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.

75.

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.

76.

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

Application for a Hackney Carriage Driver’s Licence – Mr Hedges

1

6

Application for a Hackney Carriage Driver’s Licence – Mr A Kesgin

1

7

Application for a Hackney Carriage Driver’s Licence – Mr J Schwartz

1

8

Application for a Hackney Carriage Driver’s Licence – Mr H Rahman

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                       Subject                                   Exempt Information

Item No                                                                       Paragraph Number

 

5                                  Application for a Hackney                   1

                                    Carriage Driver’s Licence

- Mr Hedges

 

6                                  Application for a Hackney                   1

Carriage Driver’s Licence

- Mr A Kesgin

 

7                                  Application for a Hackney                   1

                                    Carriage Driver’s Licence

                                    - Mr J Schwartz

 

8                                  Application for a Hackney                   1

                                    Carriage Driver’s Licence

                                    - Mr H Rahman

77.

Hackney Carriage Drivers Licence - Mr Hedges

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

 

Minutes:

The Sub-Committee considered an application by Mr Hedges for a renewal of an existing Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs M Sartin, Mrs R Gadsby and L Leonard. The Chairman welcomed the applicant and introduced the members and officers present. The Assistant Director of Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by 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 applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated this application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee decision.

 

RESOLVED:

 

That the Hackney Carriage Driver’s Licence for Mr Hedges shall not be renewed at present as there were concerns that the current insurance policy was being investigated. The Sub-Committee gave delegated authority to the Senior Licensing Officer to issue a licence on production of a valid insurance policy which had been issued for one year.

78.

Hackney Carriage Drivers Licence - Mr A Kesgin

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

 

Minutes:

The Sub-Committee considered an application by Mr A Kesgin for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs M Sartin, A Boyce and L Leonard. Members noted 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 Director of Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

 

The applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated this application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee decision.

 

RESOLVED:

 

That the Hackney Carriage Driver’s Licence for Mr A Kesgin be suspended until the Council receives written confirmation from the insurance company that the applicant had a valid insurance policy for his vehicle or be suspended for a maximum of three months if the letter is received when the case will come back to the Sub-Committee for further consideration.

79.

Hackney Carriage Drivers Licence - Mr J Schwartz

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

 

Minutes:

The Sub-Committee was advised that Mr J Schwartz’s application should be deferred. The Sub-Committee agreed that his application be deferred to the next suitable meeting.

 

RESOLVED:

 

That the application for a Driver’s Licence for Mr J Schwartz be deferred to the next suitable meeting of the Licensing Sub-Committee.

80.

Application for a Hackney Carriage Drivers Licence - Mr Rahman

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

 

Minutes:

The Sub-Committee considered an application by Mr Rahman for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors Mrs M Sartin, A Boyce and L Leonard. Members noted 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 Director of Corporate Support Services (Legal) informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

 

The applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the applicant leave the Chamber whilst the Sub-Committee debated this application in private. The Chairman invited the applicant back into the Chamber and informed him of the Sub-Committee decision.

 

RESOLVED:

 

That the application for a Hackney Carriage Driver’s Licence by Mr Rahman be refused as he had committed a number of driving related offences.

81.

Application for a Hackney Carriage Driver's Licence - Mr S Jones

(Director of Corporate Support Services) To consider an application for the above applicant. Mr S Jones’ application had been deferred to this meeting from the last Sub-Committee meeting on 5 March. Background papers dispatched seperately.

Minutes:

The Sub-Committee was advised that Mr S Jones had withdrawn his application for a Hackney Carriage Driver’s Licence.

82.

Application for a Hackney Carriage Driver's Licence - Mr S Chowdhury

(Director of Corporate Support Services) To consider an application for the above applicant. Mr S Chowdhury’s application had been deferred to this meeting from the last Sub-Committee meeting on 5 March. Background papers dispatched seperately.

Minutes:

The Sub-Committee was advised that, despite numerous attempts to contact him by officers, Mr S Chowdhury had not responded. The Sub-Committee agreed that Mr S Chowdhury should be informed of the next Sub-Committee meeting date and then members decide there as to whether to proceed with the application or not.

 

RESOLVED:

 

That the application for a Hackney Carriage Driver’s Licence for Mr S Chowdhury be deferred to the next meeting of the sub-committee.

83.

Application for a Hackney Carriage Driver's Licence - Mr D McCann

(Director of Corporate Support Services) To consider an application from the above applicant. Mr D McCann’s application had been deferred to this meeting from the last Sub-Committee meeting on 5 March. Background papers dispatched separately.

Minutes:

The Sub-Committee was advised that Mr D McCann had withdrawn his application for a Hackney Carriage Driver’s Licence.