Agenda and minutes

Licensing Sub-Committee (General Purposes) - Monday, 18th April, 2016 10.15 am

Venue: Council Chamber

Contact: Maureen Brown  Democratic Services Officer

Items
No. Item

49.

Minutes

To confirm the Minutes of the Meeting held on 28 January 2016 (to be laid on the table half an hour before the meeting).

Minutes:

The Minutes of the Meeting held on 28 January 2016 were confirmed and signed.

50.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

To receive apologies for absence and to report any substitutions

Minutes:

No apologies for absence were received.

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 interests declared under this heading.

PART 1 - RECOMMENDATIONS TO THE COMMITTEE

There were no matters falling within this category.

PART 11 - MATTERS OF REPORT

The background papers relating to the following items are as set out in the reports included in the original agenda papers.

52.

Application for Exemption from Private Hire Plate Display pdf icon PDF 67 KB

This report enables the Sub-Committee to consider a request for exemption from the requirement to display the private hire licence plate on a private hire vehicle licensed by the Council.  There are no environmental or resource implications arising as a result of this report.  Approval of a certificate of exemption could have community safety implications, which are set out in the report.

 

Recommendation

 

It is recommended that the Sub-Committee gives consideration to the request for exemption from the requirement to display a private hire licence plate on any occasion when the vehicle is used for chauffeur purposes, as submitted by Mr Phillips in respect of his vehicle, Private Hire Plate no 259.

Additional documents:

Minutes:

The Sub-Committee considered a request from Mr Andrew Phillips for exemption from the requirement to display the private hire licence plate on a private hire vehicle licensed by the Council.  Mr Andrew Phillips was represented at the meeting by his son, Mr Richard Phillips.

 

The Sub-Committee noted that Mr Phillips had been asked to supply a service to two private businesses at Farnborough Airport for a private hire service to be driven in a car that does not display a licence plate.

 

The request was considered and it was

 

RESOLVED  that the request for exemption from the requirement to display a private hire licence plate on any occasion when the vehicle is used for chauffeur purposes be granted to Mr Phillips in respect of his vehicle, Private Hire Plate no. 259 because the nature of the applicant’s business is such that there is justification for not displaying the plate.  The Plate and paper copy of the licence to be carried in the vehicle at all times.

                        The Sub-Committee grant the request but the exemption only operates until further notice and the Council reserves the right to reconsider the exemption should circumstances arise which warrant doing so.

 

 

53.

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:

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:-

 

Information relating to any individual (paragraph 1)

54.

APPLICATION FOR A PRIVATE HIRE DRIVER'S LICENCE (REQUESTING EXEMPTION FROM THE GOOD CONDUCT CERTIFICATE REQUIREMENT IF RESIDENT FOR LESS THAN 5 YEARS)

To consider the attached [Exempt] report.

Additional documents:

Minutes:

The Sub-Committee considered a report regarding an application where the applicant had requested exemption from the Good Conduct Certificate as he had been resident in the country for less than 5 years.

 

The applicant attended the meeting and at his request was accompanied by an official interpreter.  The applicant confirmed through the interpreter that he had received and understood the report.

 

Following questions by the Sub-Committee and responses from the driver the Sub-Committee withdrew at 10.44 am.

 

Following the Sub-Committee’s deliberation the meeting resumed at 11.45 am.  The Council’s solicitor had been asked to advise the Sub-Committee during their deliberation on the wording of their decision.

 

RESOLVED that, on the balance of probabilities the Sub-Committee did not consider the applicant to be a fit and proper person to hold a Private Hire driver’s licence and decided to refuse the application for the reasons in the [Exempt] Annexe to these minutes.

55.

APPLICATION TO RENEW A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE

To consider the attached [Exempt] report.

Additional documents:

Minutes:

The Sub-Committee considered a report regarding an application to renew a Hackney Carriage/Private Hire Driver’s licence.

 

The driver attended the meeting and confirmed he had received and understood the report. 

 

Following questions by the Sub-Committee and responses from the driver the Sub-Committee withdrew at 12.24 pm.

 

Following the Sub-Committee’s deliberation the meeting resumed at 12.57 pm.  The Council’s Solicitor had been asked to advise the Sub-Committee during their deliberation on the wording of their decision.

 

RESOLVED that, on the balance of probabilities the driver was considered to be a fit and proper person to hold a driver’s licence and the application to renew his Hackney Carriage/Private Hire Driver’s licence was granted as set out in the [Exempt] Annexe to the minutes.

56.

Application for a Hackney Carriage/Private Hire Driver's Licence

To consider the attached [Exempt] report.

Additional documents:

Minutes:

The Sub-Committee considered a report regarding an application for a Hackney Carriage/Private Hire driver licence which had previously been revoked.

 

The applicant attended the meeting accompanied by two supporters.  He confirmed that he had received and understood the report.

 

Following questions by the Sub-Committee and responses from the applicant the Sub-Committee withdrew at 14.14 pm.

 

Following the Sub-Committee’s deliberation the meeting resumed at 15.19 pm.  The Council’s Solicitor had been asked to advise the Sub-Committee during their deliberation on the wording of their decision.

 

RESOLVED that, on the balance of probabilities the Sub-Committee considered that the applicant was a fit and proper person to hold a Hackney Carriage/Private Hire driver’s licence as set out

                          In the [Exempt] Annexe to the minutes.

 

57.

Legal Advice

To consider any legal advice relating to any items in the agenda.