To receive apologies for absence.

Apologies for absence were submitted on behalf of Councillors DJ Benjamin and SPA Daniels. 

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.

There were no declarations of interest made at the meeting.

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 an application to deviate from the standard condition number 3.1 which stipulates that Hackney Carriages and Private Hire Vehicles must be replaced on becoming eight years old, or fifteen years old in the case of disabled access vehicles.

In the opinion of the Proper Officer, the following item will not be, or is likely not to be, open to the public and press at the time it is considered.

RECOMMENDATION:that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below

A report was presented by the Licensing Officer about an application for a hackney carriage/private hire vehicle licence by Mrs V Watkins. He explained that the vehicle would become eight years old on 4 May 2008 and that under the Councils licensing conditions it would no longer be eligible to be licensed.  Mr Watkins attending on behalf of Mrs Watkins said that his understanding was that provided a licence was due for renewal before a vehicle became eight years old, it could be licensed for a further twelve months but then would have to be replaced.  This had been the case with the two other vehicles operated by Mrs Watkins.  The Licensing Officer said that he would submit a report to a future meeting of the Committee to clarify the situation. His view was that vehicle licences could be renewed but that as soon as they became eight years old they would cease to be licensed.

Having considered all the circumstances regarding the application, the Committee felt that in view of the fact that other vehicles had been licensed for a final twelve-month period, the application from Mrs Watkins could be granted. 

RESOLVED THAT:

an application from Mrs VM Watkins to deviate from the standard condition number 3.1, for the renewal of a hackney carriage/private hire vehicle licence be granted

EXCLUSION OF THE PUBLIC AND PRESS 

In the opinion of the Proper Officer, the following items will not be, or are likely not to be, open to the public and press at the time they are considered.

RESOLVED:         that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below.

This item discloses information relating to any particular applicant for or recipient of or former recipient of, any service provided by the authority.

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

The Licensing Officer referred to agenda item No. 6 and provided the Committee with the circumstances which had given rise to a dual Hackney Carriage/Private Hire  licence holder accumulating 12 penalty points in respect of breaches of the Council’s licensing conditions.  The applicant said that she had only worked as a driver for a limited period and that she did not wish to continue.  She thereupon surrendered her licence to the Licensing Officer.  In view of this, the Licensing Officer withdrew the matter.

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

The Licensing Officer referred to agenda item No. 7 and provided the Committee with the circumstances which had given rise to the need for an application for the renewal of a dual Hackney Carriage/Private Hire driver’s licence being referred to the Committee.  The applicant provided the Committee with details of his personal  circumstances and explained why he felt that he should be allowed to continue to be a licence holder. 

Having considered all of the facts put forward by the Licensing Officer and the applicant, the Committee was satisfied that the applicant was a fit and proper person under the meaning of the Local Government (Miscellaneous Provisions) Act 1976 and that his licence could be renewed.