Agenda and draft minutes

Licensing Act 2003 Sub Committee - Thursday 25th July, 2024 1.00 pm

Venue: Town Hall, High Street, Maidstone

Contact: Jordan Ifield 01622 602496

Items

No.

Item

66.

Apologies for Absence

Minutes:

There were no apologies.

67.

Notification of Substitute Members

Minutes:

There were no Substitute Members.

68.

Election of Chairman

Minutes:

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

69.

Disclosures by Members and Officers

Minutes:

There were no disclosures by Members or Officers.

70.

Disclosures of Lobbying

Minutes:

There were no disclosures of lobbying.

71.

Exclusion of the public from the meeting

Minutes:

RESOLVED: That Item 7 – Determination of an Application for a Private Hire Driver’s Licence be taken in private due to the possible disclosure of exempt information.

Head of Schedule 12 A and Brief Description

Item 7 – Determination of an application for a private driver’s licence

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 of crime.

72.

Determination of an application for a private hire driver’s licence

View the background to item 72.

Additional documents:

Restricted enclosure 4 View the reasons why document 72./2 is restricted
Restricted enclosure 5 View the reasons why document 72./3 is restricted
Restricted enclosure 6 View the reasons why document 72./4 is restricted
Restricted enclosure 7 View the reasons why document 72./5 is restricted
Restricted enclosure 8 View the reasons why document 72./6 is restricted

Minutes:

The persons participating in the hearing were identified as follows:

1. Chairman – Councillor Milham

2. Sub-Committee Members – Councillors Coates and M Naghi

3. Senior Licensing Officer – Lorraine Neale

4. Legal Advisor – Helen Ward

5. Democratic Services Officer – Jordan Ifield

6. The Applicant

All parties confirmed that they were aware of the sub-committee hearing procedure and that they had each received a copy of the hearing procedure document. 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 submission 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 applicant was invited to make their opening remarks and provided further information on and context to the report.

The applicant responded to questions from the panel and the legal adviser.

The Chairman advised that the sub-committee would retire for deliberation with the legal officer present. The meeting was adjourned between 13.23 p.m. to 13.40 p.m.

The Sub-Committee reconvened at 13.43 p.m. and the Chairman stated that the sub-committee had decided to grant the application after considering the information provided, government guidance and the Council’s Hackney Carriage and Private Hire policy. The written decision would be circulated in due course.

RESOLVED:That the application be granted.

(See Notice of Determination)

The hearing closed at 13:45 a.m.