Agenda and minutes

Licensing Appeals Sub-Committee - Tuesday, 8 November 2022 11.00 a.m.

Venue: Swansley Room A and B - Ground Floor. View directions

Contact: Keira Mbye  01954 713000 Email: democratic.services@scambs.gov.uk

Items
No. Item

1.

Declarations of Interest

As a Councillor, you are reminded of the requirements under the Council’s Code of Conduct to register interests and to disclose interests in a meeting. You should refer to the requirements set out in the Code of Conduct which are summarised in the notes at the end of this agenda frontsheet.

Minutes:

There were no declarations of interests.

2.

Exclusion of Press and Public

The Chair will read the following statement:

 

The report contains information which the officer recommends should be exempt from publication and also that the press and public should be excluded from the meeting during consideration of the appeal, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972 (exempt information as defined in paragraph 1 of Schedule 12A of the Act).

 

The Chair will ask the Sub-Committee the following:

 

Does the Licensing Appeals Sub-Committee agree that the public interest is outweighed by the recommendation to exclude the press and public for this agenda item?

Minutes:

The report contained information which the officer recommended should be exempt from publication and also that the press and public should be excluded from the meeting during consideration of the appeal, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972 (exempt information as defined in paragraph 1 of Schedule 12A of the Act).

3.

Introductions / Procedure pdf icon PDF 107 KB

The Chair of the Sub-Committee will welcome those present and introduce him/herself; the remaining members of the Sub-Committee and the officers will then introduce themselves.

 

A copy of the Sub-Committee appeals procedure is attached.

Minutes:

The Chair of the Sub-Committee welcomed those present and introduced him/herself; the remaining members of the Sub-Committee and the officers then introduced themselves.

4.

Fit and proper status to hold a Private Hire Driver licence

Minutes:

The Sub-Committee decided on the balance of probabilities it was reasonable to grant the Private Hire Driver Licence.

 

The Sub-Committee made its decision for the following reasons:

 

·       The Sub-Committee noted that almost seven years had elapsed since the end of the custodial sentence and that it was proportionate in those circumstances to allow the application to proceed.

·       It was explained that they had been driving a minibus for a number of years with the appropriate licence and there were no recorded incidences that had been brought to the attention of the Sub-Committee.

·       No further criminal convictions had been recorded since November 2013.

·       There had only been one minor motoring offence that they were not obliged to disclose because it occurred sometime before his application.

·       The Sub-Committee did not take into account the personal circumstances, particularly the drivers concern that their workload as a minibus driver would diminish in the Winter.