Agenda and minutes

(Director of Governance) To declare interests in any item on this agenda.

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

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

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):

6                                Application for a Hackney                         1

                                                Carriage Driver’s Licence

-       Mr R Usman

7                                Application for a Hackney                         1

                                                Carriage Driver’s Licence

-       Mr Pascovitch

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.

That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                   Subject                                   Exempt Information

Item No                                                                                   Paragraph Number

5                                              Application for a                                  1

                                                Hackney Carriage Driver’s

                                                Licence – Mr S Buckley

6                                              Application for a                                  1

                                                Hackney Carriage Driver’s

                                                Licence – Mr R Usman

7                                              Application for a                                  1

                                                Private Hire Driver’s Licence

                                                and a Private Hire

                                                Operator’s Licence –

Mr L Pascovitch

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application by Mr S Buckley for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors P Keska, R Morgan and B Surtees. 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 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 Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

RESOLVED:

That the application for a Hackney Carriage Driver’s Licence for Mr S Buckley be granted.

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application by Mr R Usman for a Hackney Carriage Driver’s Licence. The three Councillors that presided over this item were Councillors P Keska, R Morgan and B Surtees. 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 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 Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

RESOLVED:

That the application for a Hackney Carriage Driver’s Licence for Mr R Usman be granted subject to the Council’s standard conditions and that a written warning be sent to the applicant regarding his future conduct and noted in his records.

(Director of Neighbourhoods) To consider the attached report.

The Sub-Committee considered an application by Mr L Pascovitch for a Private Hire Driver’s Licence and a Private Hire Operator’s Licence. The three Councillors that presided over this item were Councillors P Keska, R Morgan 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 his Barrister Mr Edward Cole 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.

The Sub-Committee withdrew from the meeting to consider the application in private. During their deliberations the Sub-Committee received no further advice from the Officers present.

RESOLVED:

(1)        That the application for a Private Hire Operator’s  Licence for Mr L Pascovitch be granted as the Sub-Committee were satisfied that the Applicant was a fit and proper person to hold an operator’s licence.

(2)        That the application for a Private Hire Driver’s Licence for Mr L Pascovitch be refused. The Sub-Committee took account of the previous decision of the Licensing sub-committee held on 13 January 2015 which stated that Mr Pascovitch be given a second and final warning over his conduct. He had committed further offences. The Sub-Committee considered the mitigating circumstances but were not satisfied that the Applicant was a fit and proper person to drive members of the public and therefore hold such a licence.