Agenda and minutes

Venue: Maidstone Museum, St Faith's Street, Maidstone

Contact: Jordan Ifield  01622 602496

Items
No. Item

16.

Apologies for Absence

Minutes:

There were no apologies for absence.

17.

Notification of Substitute Members

Minutes:

There were no substitute members.

18.

Election of Chairman

Minutes:

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

19.

Disclosures by Members and Officers

Minutes:

There were no disclosures by Members or Officers.

 

20.

Disclosures of Lobbying

Minutes:

There were no disclosures of lobbying.

 

 

21.

Exempt Items

Minutes:

RESOLVED: That Item 8 – Fit and Proper Assessment of Hackney Carriage & Private Hire (Dual) Driver be taken in private due to the possible disclosure of exempt information, for the reason/s specified having applied the public interest test.

22.

Exclusion of the Public from the Meeting

To move that the public be excluded for the items set out in Part II of the Agenda because of the likely disclosure of exempt information for the reasons specified having applied the Public Interest Test.

 

Head of Schedule 12 A and Brief Description

 

 

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 8 – Fit and Proper Assessment of Hackney Carriage and 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 of crime.

 

 

23.

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

Minutes:

The persons participating in the hearing were identified as follows:

 

1.  Chairman – Councillor English

 

2.  Sub-Committee Members – Councillors Milham and J Sams

 

3.  Senior Licensing Officer – Lorraine Neale

 

4.  Legal Advisor – Helen Ward

 

5.  Democratic Services Officer – Jordan Ifield

 

6.  Democratic Services (Apprentice) – Joshua Noonan

 

7.  The Applicant

 

8.  The Applicant’s Witness

 

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 to renew a dual driver licence. Further references were made to the Council’s Hackney Carriage and Private Hire Driver Policy 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 10.51 a.m. to 11.17 a.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 grant the licence subject to the completion of any outstanding requirements and that a written warning would be issued. It was confirmed that a written decision notice with full reasons would be provided.

 

RESOLVED:That the application be granted.

 

(See Notice of Determination)

 

The hearing closed at 11:20 a.m.