BABERGH DISTRICT COUNCIL
LICENSING AND APPEALS COMMITTEE
MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 1 APRIL 2010 (12 NOON)
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1 - Declaration of Interests
2 - Questions from Members
3 - Exclusion of the Public (Which Terms Includes the Press)
4 - Review of a Combined Hackney Carriage/Private Hire Driver Licence (Exempt information by virtue of Paragraphs 1 and 7 of Part 1)
PRESENT: Mr B L Lazenby - Chairman
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Mr J R B Cave
Mr P J Holbrook |
Mr L S Johnson
Mr A J Ward |
Also in attendance to make representations were:-
Mr L Carvell (Licensing Section)
on behalf of the Head of Natural and Built Environment
Mr D J Brett (Licence holder)
None declared.
None received.
RESOLVED
That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during this item it is likely that there would be the disclosure to them of exempt information as indicated against the item.
The Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
The Chairman of the Committee referred to the Procedure to be followed at the hearing, a copy of which had been circulated with the Agenda. Copies of two letters provided by the licence holder together with a formal Police disclosure notification received by the Principal Licensing Officer were circulated and read by Members prior to the commencement of the hearing.
The Head of Natural and Built Environment submitted a report (Paper J212) seeking a review of the Combined Hackney Carriage/Private Hire Driver Licence for the person referred to in the report. In presenting Paper J212, the Principal Licensing Officer made particular reference to the options available to the Committee as a result of its review.
The licence holder then proceeded to make representations, including calling on a witness to clarify the disputed ownership of a vehicle (the vehicle was not relevant to the matter before the Committee), following which he responded to questions.
The Principal Licensing Officer, the licence holder and the witness all responded to questions put by Members at various points during the hearing with the consent of the Chairman, in accordance with the Procedure.
All parties were requested to provide closing comments to the meeting following which they withdrew to enable the Committee to deliberate the application.
Members in reviewing the fit and proper person status of the licence holder took into account his previous good record and his explanation in relation to the incident for which he had been convicted, his reasons for failing to notify the Licensing Authority of relevant matters and the Council’s guidelines on convictions and the licence conditions. In the circumstances, the Sub-Committee agreed that the licence holder was in breach of his conditions of licence which together with the nature of his conviction led Members to the view that he did not remain a fit and proper person to continue holding a licence. In considering whether any action taken should be with immediate effect, Members concluded that revocation of the licence after the relevant 21 day period would be appropriate.
The parties were then called back into the meeting and the decision of the Committee was notified. The licence holder was informed of his right of appeal to the Magistrates Court within the period of 21 days from the Notice of Revocation (referred to below) being given, and that the decision of the Committee did not prevent him from applying for a new licence at a future date.
RESOLVED
That the Combined Hackney Carriage/Private Hire Vehicle Driver Licence held by the licence holder referred to in Paper J212 be revoked on the grounds that the Council is not satisfied that the licence holder remains a fit and proper person to continue holding the licence, for the reasons determined by the Committee and detailed in the Notice of Revocation issued by the Principal Licensing Officer and dated 8 April 2010. Further, that the revocation be effective after a period of 21 days from the Notice being given.
The business of the meeting was concluded at 1.20 pm
Chairman
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