Agenda and minutes

Licensing (General Purposes) Sub-Committee
Monday, 5th March, 2018 10.00 am

Venue: Council Chamber

Contact: Ema Dearsley  Democratic Services Officer

Items
No. Item

49.

Minutes

To confirm the Minutes of the Meeting held on 15 January 2018 (to be laid on the table half an hour before the meeting).

Minutes:

The minutes of the meeting held on 15 January were confirmed and signed.

50.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

To receive apologies for absence and to report any substitutions

Minutes:

Apologies were received from Councillor Maurice Byham. Councillor Peter Isherwood attended as a substitute.

51.

Declarations of Interest

To receive from members declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

Minutes:

There were no apologies for absence.

52.

Exclusion of Press and Public

To consider the following recommendation on the motion of the Chairman:-

 

Recommendation

 

That pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in paragraph 1 of the revised Part 1 of Schedule 12A to the Act in respect of the following item:

 

Information relating to any individual (paragraph 1)

 

Minutes:

At 10.04am it was

 

RESOLVED that, pursuant to Procedure Rule 20 and in accordance with Section

100B(5) of the Local Government Act 1972, the press and public be excluded from

the meeting during consideration of the following items on the grounds that it is

likely, in view of the nature of the business to be transacted or the nature of the

proceedings, that if members of the public were present during the items, there

would be disclosure to them of exempt information (as defined by section 100I of

the Act) of the description specified in paragraph 1 of the revised Part 1 of Schedule

12A to the act, namely:-

 

1. Information relating to any individual

53.

REVIEW OF HACKNEY CARRIAGE DRIVER'S LICENCE

To consider the (Exempt) report.

Additional documents:

Minutes:

The Sub-Committee considered a report regarding a review of a Hackney Carriage Driver’s Licence.

 

The driver was in attendance at the meeting and confirmed that he had read and understood the papers which he had received. It was asked that his brother, who was in the second case, left the room.

 

Members asked questions of the driver and what lead to the incident referred to in the exempt report.

 

The Sub-Committee reminded the driver of his responsibilities for being a Waverley Borough Council licensed Hackney Carriage Driver and asked whether he understood the policy and accepted the conditions imposed. The Driver confirmed that he did but on this instance, he was not aware of the circumstances.

 

The Sub-Committee withdrew at 10.40am to consider whether or not the driver could continue to operate. Following the Sub-Committees deliberation the meeting resumed at 10.52am. The Council’s solicitor had been asked to advise the Sub-Committee during their deliberations on the wording of their decision.

 

RESOLVED that the driver’s licence be suspended for a period of 28 consecutive days, which was to take effect at the end of the period of 21 days which commenced on the day on which notice of the suspension was given to the driver (6 March 2018). Full reasons for the decision would be noted in the exempt minute.

54.

REVIEW OF HACKNEY CARRIAGE DRIVER'S LICENCE

To consider the (Exempt) report.

Additional documents:

Minutes:

The Sub-Committee considered a report regarding a review of a Hackney Carriage Driver’s Licence.

 

The driver was in attendance at the meeting and confirmed that he had read and understood the papers which he had received. It was asked that his brother, who was in the second case, left the room.

 

Members asked questions of the driver and what lead to the incident referred to in the exempt report.

 

The Sub-Committee reminded the driver of his responsibilities for being a Waverley

Borough Council licensed Hackney Carriage Driver and asked whether he understood the policy and accepted the conditions imposed. The Driver confirmed that he did.

 

The Sub-Committee withdrew at 1.12pm to consider whether or not the driver could continue to operate. Following the Sub-Committees deliberation the meeting resumed at 1.21pmm. The Council’s solicitor had been asked to advise the Sub- Committee during their deliberations on the wording of their decision.

 

RESOLVED that on the balance of probabilities the driver was a fit and proper person to hold a Hackney Carriage/Private Hire Vehicle Licence. Full reasons are attached to the exempt minute.  

 

55.

APPLICATION FOR A NEW PRIVATE HIRE DRIVER'S LICENCE

To consider the (Exempt) report.

Additional documents:

Minutes:

The Sub-Committee considered a report regarding a review of a Hackney Carriage Driver’s Licence.

 

The driver was in attendance at the meeting and confirmed that he had read and understood the papers which he had received. It was asked that his brother, who was in the second case, left the room.

 

Members asked questions of the driver and what lead to the incident referred to in the exempt report.

 

The Sub-Committee reminded the driver of his responsibilities for being a Waverley

Borough Council licensed Hackney Carriage Driver and asked whether he understood the policy and accepted the conditions imposed. The Driver confirmed that he did. Questions were asked of the incident which had occurred some time ago and what they had done since, including a new job and starting up their own business in a customer service role.  

 

The Sub-Committee withdrew at 1.44pm to consider whether or not the driver could continue to operate. Following the Sub-Committees deliberation the meeting resumed at 2.15pm. The Council’s solicitor had been asked to advise the Sub- Committee during their deliberations on the wording of their decision.

 

RESOLVED that on the balance of probabilities the driver was a fit and proper person to hold a Hackney Carriage/Private Hire Vehicle Licence. Full reasons are attached to the exempt minute.