Agenda and draft minutes

Venue: Town Hall, High Street, Maidstone

Contact: Jordan Ifield  01622 602496

Items
No. Item

80.

Apologies for Absence

Minutes:

There were no apologies.

81.

Notification of Substitute Members

Minutes:

There were no Substitute Members.

82.

Election of Chairman

Minutes:

RESOLVED: That Councillor English be elected as Chairman for the duration of the meeting.

83.

Disclosures by Members and Officers

Minutes:

There were no disclosures by Members or Officers.

84.

Disclosures of Lobbying

Minutes:

There were no disclosures of lobbying.

85.

Exclusion of the public from the meeting

Minutes:

RESOLVED: That the public be excluded from the meeting for the following items of business because of the likely disclosure of exempt information for the reason specified, having applied the public interest test:-

 

Head of Schedule 12 A and Brief Description

 

 

Item 7 – Fit and Proper Assessment of Hackney Carriage & Private Hire (Dual) Driver

Paragraph 1 – Information relating to any individual

 

Paragraph 2 – Information which is likely to reveal the identity of an individual

 

Paragraph 7 – Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution with crime.

 

 

 

 

 

86.

Fit And Proper Assessment of Hackney Carriage & Private Hire (Dual) Driver

Minutes:

The sub-committee adjourned between 9:33 a.m. to 11:16 a.m. to allow legal representation for the driver to attend the meeting.

 

The persons participating in the meeting were identified as follows:

 

1.  Chairman – Councillor English

 

2.  Sub-Committee Members – Councillors Milham and Trzebinski

 

3.  Senior Licensing Officer – Lorraine Neale

 

4.  Legal Advisor – Helen Ward

 

5.  Democratic Services Officer – Jordan Ifield

 

6.  Licence Holder

 

7.  Witness

 

8.  Representative of the Licence Holder

 

The Sub-Committee Members confirmed that they had read the papers regarding the hearing.

 

The Chairman explained that:

 

·  The Sub-Committee would allow all parties to put their case fully and make full submissions within a reasonable time frame.

 

·  The procedure would take the form of a discussion led by the Sub-Committee and they would usually permit cross-examination within a reasonable timeframe.

 

·  Any person attending the hearing who behaved in a disruptive manner may be directed to leave the hearing by the Sub-Committee (including temporarily) after which, such person may submit to the Sub-Committee any information which that person would have been entitled to give orally had the person not been required to leave the meeting. If this was not possible, they may be permitted to speak at the Chairman’s invitation.

 

The Senior Licensing Officer introduced the report, with the sub-committee asked to determine an application for a Private Hire Driver’s Licence with consideration to the council’s Hackney carriage licence policy.

The licence holder and their representative were invited to make their opening remarks and refuted the claim the licence holder was not a fit and proper driver and provided further information on and context to the report. 

The applicant and their representative responded to questions from the panel, the Legal Advisor and the Senior Licensing Officer.

The Chairman advised that the sub-committee would retire for deliberation with the legal advisor present. The meeting was adjourned between 12:07 p.m. to 12:38 p.m.

 

The sub-committee returned and the Chairman stated that having considered the evidence presented, representations made and the relevant legislation and guidance, the decision was made to revoke the licence. It was confirmed that a written decision notice with full reasons would be provided.

 

RESOLVED:That the licence be revoked.

 

The hearing closed at 12:39 p.m.