Agenda and minutes

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 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                                                                       Exempt Information

Item No           Subject                                               Paragraph Number

5                      Hackney Carriage Driver's Licence –

Mr  U Chaudhary                                             1

6                      Hackney Carriage Proprietors'

Licence – Mr  S Rahman H1239                    1

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

The Sub-Committee considered an application by Mr U Chaudary for a Hackney Carriage Proprietor’s Licence. The Sub-Committee for this item consisted of Councillors K Angold-Stephens, L Leonard and H Mann. The 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 Sub-Committee was informed that the Applicant was not in attendance, and it was decided to defer the application to the next scheduled meeting of the Sub-Committee to allow the Applicant to put forward his case.

Resolved:

(1)        That the application for a Hackney Carriage Proprietor’s Licence by Mr U Chaudhary be deferred until a future meeting.

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

The Sub-Committee considered an application by Mr S Rahman for a Hackney Carriage Proprietor’s Licence. The Sub-Committee for this item consisted of Councillors K Angold-Stephens, L Leonard and H Mann. The 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 Legal Officer informed the Sub-Committee of the circumstances by which the Licence could not be issued under delegated authority. Mr Rahman had applied for a new Vehicle Licence but the vehicle had only three doors. The Council’s Licensing conditions stated that there had to be a minimum of four doors, one adjacent to each seat and capable of being opened from the inside. Mr Rahman had already purchased the vehicle and wished to appeal to the Sub-Committee.

The Applicant made a short statement in support of his application and invited the Councillors to inspect the vehicle. The Applicant answered a number of questions from members of the Sub-Committee, before making a short closing statement. 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’s decision.

Resolved:

(1)  That the application for a Hackney Carriage Proprietor’s Licence by Mr S Rahman be granted subject to the Councils Standard Conditions and in this instance the reduced amount of doors in the vehicle. However, the licence would not be issued until the appropriate vehicle  checks were carried out and passed by Langston Road  and the Licensing Section notified of this by Langston Road.

In addition the applicant was advised  that in future, before  purchasing of another vehicle with the intention of using it as a hackney carriage the Licensing Section of the Council should be first consulted, so as to establish the Council’s standard conditions relating to vehicle licences e.g.  a vehicle should have 4 passenger doors. Just because in this instance the Panel was minded to grant a vehicle licence it does not mean that another licensing panel would do so in the future.