Agenda and minutes

Licensing Sub Committee - Tuesday 9th December 2014 10.30 am

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

Contact: Gary Woodhall (Direct Line 01992 564470)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

55.

Declarations of Interest

(Director of Governance) 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.

56.

Procedure for the Conduct of Business pdf icon PDF 42 KB

(Director of Governance) As attached.

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business, and the terms of reference.

57.

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 – Mr Baker

1

6

Hackney Carriage Driver’s Licence – Mr Long

1

7

Hackney Carriage Driver’s Licence – Mr Z Malik

1

8

Hackney Carriage Driver’s Licence – Mr M Miah

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 was considered to outweigh the potential public interest in disclosing the information:

 

Agenda Item

Subject

Paragraph No.

5

Hackney Carriage Driver’s Licence – Mr Baker

1

6

Hackney Carriage Driver’s Licence – Mr Long

1

7

Hackney Carriage Driver’s Licence – Mr Z Malik

1

8

Hackney Carriage Driver’s Licence – Mr M Miah

1

 

58.

Application for a Hackney Carriage Driver's Licence - Mr Baker

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application by Mr Baker for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, M Sartin and D Dorrell. 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 Senior 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 Sub-Committee received advice from the Assistant Director of Governance (Legal Services) regarding the Council’s Criminal Records Policy. 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 Driver’s Licence for Mr Baker be refused, as the Sub-Committee was not satisfied that the applicant was a fit and proper person to hold such a licence.

59.

Application for a Hackney Carriage Driver's Licence - Mr Long

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application by Mr Long for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, M Sartin and K Adams. 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 Senior 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 Sub-Committee received no advice from the Assistant Director of Governance (Legal Services). 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 Driver’s Licence for Mr Long be granted; and

 

(2)        That any further convictions be reported to the Council without delay.

60.

Application for a Hackney Carriage Driver's Licence - Mr Z Malik

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application by Mr Z Malik for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, K Adams and D Dorrell. 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 Senior 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 Sub-Committee received no advice from the Assistant Director of Governance (Legal Services). 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 Driver’s Licence for Mr Z Malik be refused, as the Sub-Committee was not satisfied that the Applicant was a fit and proper person to hold such a licence.

61.

Application for a Hackney Carriage Driver's Licence - Mr M Miah

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application by Mr M Miah for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors R Morgan, D Dorrell and M Sartin. 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 Senior 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 Sub-Committee received no advice from the Assistant Director of Governance (Legal Services). 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 Driver’s Licence for Mr M Miah be granted.

62.

Any Other Business

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules contained in the Constitution require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

 

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two weeks’ notice of non-urgent items is required.

Minutes:

Resolved:

 

(1)        That, as agreed by the Chairman and in accordance with Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules, the following item of urgent business be considered following the publication of the agenda:

 

            (a)        Hackney Carriage Driver’s Licence Review – Mr Kazimi.

63.

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

11

Hackney Carriage Driver’s Licence Review – Mr Kazimi

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 10.00pm 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 was considered to outweigh the potential public interest in disclosing the information:

 

Agenda Item

Subject

Paragraph No.

11

Hackney Carriage Driver’s Licence Review – Mr Kazimi

1

 

64.

Review of a Hackney Carriage Driver's Licence - Mr Kazimi

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered a review of the Hackney Carriage Driver’s Licence held by Mr Kazimi, which had been recently suspended by Officers. The three Councillors that presided over this item were Councillors R Morgan, K Adams and M Sartin. Members noted that Officers did not have delegated powers to determine this review and, consequently, the review had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Senior Licensing Officer informed the Sub-Committee of the circumstances which led to the Licence being suspended.

 

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 Sub-Committee received no advice from the Assistant Director of Governance (Legal Services). The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

Resolved:

 

(1)        That the suspension of the Hackney Carriage Driver’s Licence held by Mr Kazimi be lifted with immediate effect; and

 

(2)        That the Licence would be reviewed again should the Applicant commit any further offences.