To receive apologies for absence.

Apologies for absence were submitted on behalf of Councillor DJ Benjamin.

To receive details any details of Members nominated to attend the meeting in place of a Member of the Committee.

There were no named substitutes present at the meeting.

To receive any declarations of interest by Members in respect of items on the Agenda.

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

Minute 77         Agenda Item No 7.      Dual (Hackney Carriage & Private Hire) driver licence - to determine matters regarding an existing dual drivers licence - Local Government (Miscellaneous Provisions) Act 1976. Councillor CM Bartrum; Personal and Prejudicial, left the meeting for the duration of the item.

Minute 78         Agenda Item No 8.      Dual (Hackney Carriage & Private Hire) driver licence - to determine matters regarding an existing dual drivers licence - Local Government (Miscellaneous Provisions) Act 1976. Councillor CM Bartrum; Personal and Prejudicial, left the meeting for the duration of the item.

To approve and sign the Minutes of the meeting held on 4th November, 2008.

RESOLVED:            That the Minutes of the meeting held on 4th November, 2008 be approved as a correct record and signed by the Chairman.

To consider approving Stanford Coachworks Ltd as an ‘approved manufacturer of wheelchair access vehicles to be used as licensed vehicles in Herefordshire’.

The Acting Regulatory Services Manager presented a report about the possibility of accepting Stanford Coachworks Ltd as an approved manufacturer of wheelchair access vehicles to be used as licensed vehicles in Herefordshire. He reminded the Committee that at its meeting on 7th October, 2008 approval had been given to several companies which fulfilled the Council’s criteria but not Stanford. Following the meeting the Company had been invited to provide more details.  Since then they had provided information that fulfilled the requirements of Quality Assurance ISO 90001 and other certification confirming that the vehicles were consistently manufactured to relevant safety standards regarding wheelchair accessibility.  He said that the vehicles manufactured by the company were used by companies doing contract work for the Council’s Social Services and Education Departments, and by numerous other Councils throughout the Country.  He recommended that the company should be accepted as an approved manufacturer because it had provided sufficient evidence to fulfil the Council’s requirements in respect of manufacturers of wheelchair accessible vehicles.  The Committee was in agreement with this view.

RESOLVED    THAT Stanford Coachworks Ltdbe approved for the purpose of being manufacturers of wheelchair accessible vehicles to be used as licensed vehicles in Herefordshire.

To note the procedural arrangements for the meeting.

The Committee noted the procedural arrangements for hearing appeals to ensure that the laws of natural justice were followed to give a fair hearing to the applicants and to the Licensing Officers.

To consider matters regarding an existing hackney carriage/private hire driver’s licence and to determine whether the licence holder continues to be a fit and proper person to hold a dual licence.

The Licensing Officer referred to agenda item No. 7 and provided the Committee with details of the circumstances which had given rise to the need for the holder of a dual Hackney Carriage/Private Hire driver’s licence being referred to the Committee.  It was alleged that the license holder had directed foul and abusive language at an officer of the Council in a public place.  The licence holder attended the meeting and provided the Committee with an account of what had happened in his view, and the circumstances which had been involved. 

Having considered all of the facts put forward by the Licensing Officer and the licence holder, and received the advice of the Legal Practice Manager, the Committee found that the licence holder had acted in an improper manner and decided that he should have his licence suspended for a period of four weeks from the date of the meeting.  It was explained to the licence holder that under the provisions of the Local Government (Miscellaneous Provisions) Act 1976, he had a right of appeal to the Magistrates’ Court.

To consider matters regarding an existing hackney carriage/private hire driver’s licence and to determine whether the licence holder continues to be a fit and proper person to hold a dual licence.

The Licensing Officer referred to agenda item No. 8 and provided the Committee with details of the circumstances which had given rise to the need for the holder of a dual Hackney Carriage/Private Hire driver’s licence being referred to the Committee.  It was noted that the license holder had been involved in the incident outlined in the previous item (minute No. 77 refers).  The Council Officer involved in the incident said that in his view the licence holder had not acted in an improper manner, used threatening behaviour or foul language. 

Having considered all of the facts put forward by the Officers and the licence holder, the Committee found that no further action needed to be taken in respect of the incident.

To consider matters regarding an application for a hackney carriage/private hire driver’s licence.

The Licensing Officer referred to agenda item No. 9 and provided the Committee with the circumstances which had given rise to the need for an application for a dual Hackney Carriage/Private Hire driver’s licence being referred to the Committee.  The partner of the applicant provided the Committee with details of the circumstances which had given rise to him not revealing convictions which had arisen a number of years ago and the reasons why he felt that he should be allowed to become a licence holder. 

Having considered all of the facts put forward by the Licensing Officer and the partner of the applicant, the Committee was satisfied with the explanation given and considered that the applicant was a fit and proper person under the meaning of the Local Government (Miscellaneous Provisions) Act 1976.  It was decided that his application for a Hackney Carriage/Private Hire driver’s licence should therefore be granted.

To consider matters regarding an application for a hackney carriage/private hire driver’s licence.

The Licensing Officer referred to Agenda item No. 10 and requested that the matter be deferred because there were a number of issues to be clarified with the applicant.  The Committee agreed to the request.