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, 4 MARCH 2010 (10.30 a.m.)

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• 1 - Declaration of Interests
• 2 - Questions from Members
• 3 - Exclusion of the Public (Which Term Includes the Press)
• 4 - Determination of Application to Grant Combined Hackney Carriage/Private Hire Operator's Licence (Exempt information by virtue of Paragraphs 1 and 7 of Part 1)

PRESENT:    Mr B L Lazenby - Chairman 

Also in attendance to make representations was:-

Mr L Carvell (Licensing Section)

1    DECLARATION OF INTERESTS

None declared.

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2    QUESTIONS FROM MEMBERS 

None received.

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3    EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS)

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. 

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4    DETERMINATION OF APPLICATION TO GRANT COMBINED HACKNEY CARRIAGE/PRIVATE HIRE OPERATOR’S LICENCE (Exempt information by virtue of Paragraphs 1 and 7 of Part 1)

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. 

The Head of Natural and Built Environment submitted a report (Paper J195) concerning the application for a combined Hackney Carriage/Private Hire Operator’s Licence from the person referred to in Paper J195. 

The Appellant then made an opening address.  Members and the Solicitor to the Council then questioned the Appellant.

All parties were then requested to provide closing comments to the meeting.  Following this all parties withdrew to enable the Committee to deliberate the application. 

The parties were then called back into the meeting and the decision of the Committee was notified.

The Chairman informed the appellant that, the Licensing Committee has needed to determine whether the appellant, has discharged the burden of proof that on the balance of probabilities he is a fit and proper person to hold a drivers licence.

That is the legal test that the Committee have to apply.

On balance and in the interests of public safety, the Committee is not satisfied that the appellant is a fit and proper person by reason of his conviction for a very serious offence against the person.

The application is therefore refused.

In arriving at the decision the Committee had borne in mind the objectives of the licensing regime which is intended to ensure that those who drive private hire vehicles are suitable persons to do so.  They must not be persons who could pose a risk to passengers.

RESOLVED 

That, for the reasons referred to above, the application from the person referred to in Paper J195 be refused.

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The business of the meeting was concluded at 11.10 a.m.

Chairman