To receive apologies for absence.

Apologies for absence were submitted on behalf of Councillors 
DJ Benjamin, PGH Cutter, SPA Daniels and PJ McCaull.

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 that at the Extraordinary Meeting of Council on 12th June 2009, Brigadier P Jones CBE was elected Chairman and Councillor JW Hope was appointed Vice Chairman for the ensuing Municipal Year.

The Committee noted that at the extraordinary meeting of Council on 12th June, 2009, Councillor Brig P Jones was re-elected as Chairman and Councillor JW Hope was re-appointed as Vice-Chairman of the Committee.

To approve and sign the Minutes of the meeting held on 9th June 2009.

RESOLVED:            That the Minutes of the meeting held on 9th June, 2009 be approved as a correct record and signed by the Chairman.

To note the procedural arrangements for the meeting.

The Committee noted the procedural arrangements for the following items to ensure that Officers and applicants received a fair hearing.

To decide whether to licence a vehicle outside the standards vehicle licence conditions.

The Licensing Officer introduced a report about an application from Mr Bairkdar to  renew a hackney carriage hire vehicle licence outside the Councils standard condition 9.5. which stipulated that an application for the renewal of a vehicle license after it had expired would be treated as a new application.  He said that Mr Bairkdar’s licence had expired on 23^rd June, 2009 but that he had not applied to renew it until 29^th June.  Mr Bairkdar had been granted a temporary renewal until midnight on the day of the Regulatory Committee meeting.  Mr Bairkdar said that he had started the process for renewal before the expiry of a licence but had been delayed whilst waiting for a part to be delivered for his vehicle and then having it tested at the Council’s vehicle inspection centre.  He had been a licensed proprietor for some eleven years and this was the first time that he had been late in applying for a licence.

Having considered the matter, the Committee decided that in view of the particular circumstances involved, Mr Bairkdar’s licence could be renewed but he was reminded to be more timely with his applications in future to allow for such unforeseen eventualities. 

RESOLVED THAT:

an application from Mr Bairkdarto deviate from the standard condition number 9.5, for the renewal of Hackney Carriage Licence No. H190 in respect of Volkswagen Passat AK05 RWX, be approved.

EXCLUSION OF THE PUBLIC AND PRESS 

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.

RESOLVED:            that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items 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.

To consider issues regarding the holder of a joint hackney carriage / private hire driver’s licence.

This report will be enclosed separately with the Agenda or follow.

The Licensing Officer referred to agenda item No. 8 and provided the Committee with the circumstances which had given rise to a dual Hackney Carriage/Private Hire driver’s licence being suspended.  The driver and his representative provided the Committee with details of the incidents from their perspectives.  The driver had previously been prevented from driving on school contracts and the officers involved from the Children and Young Person’s Services directorate and a local school gave evidence to the Committee.  The driver felt that the incidents had been taken out of context and expressed his disappointment at not having been given the opportunity to put his side of the events to the Directorate. 

Having considered all of the facts put forward about the suspension, the Committee decided that the driver was not a fit and proper person under the meaning of the Local Government (Miscellaneous Provisions) Act 1976 and that his licence should be revoked.  He was informed that he did have a right of appeal to the Magistrates Courts under the provisions of the aforementioned Act.