Agenda and minutes

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

The Sub-Committee noted that 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:

(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                                              Hackney Carriage Driver’s                  1

                                                Licence – Mr L Rahman

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application by Mr L Rahman for a Hackney Carriage Driver’s Licence. Councillors T Thomas, J Hart and B Rolfe presided over this item. 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 Licensing Officer informed the Sub-Committee of the circumstances by which the licence could not be issued under delegated authority.

The applicant made a short statement 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 the application in private. The Members received advice from the Legal Officer present regarding Sections 2 and 3 of the Licensing Policy, which related to discretion in considering previous convictions. The Chairman invited the applicant back into the Chamber and informed him f the Sub-Committee’s decision.

RESOLVED:

That the application for a Hackney Carriage Driver’s Licence for Mr L Rahman be refused, as the Sub-Committee was not satisfied that the applicant was a fit and proper person to hold such a licence.