Agenda and minutes

Licensing Sub-Committee
Tuesday, 6th March, 2018 10.00 am

Venue: Council Chamber - Civic Offices. View directions

Contact: V Messenger (Direct Line 01992 564265)  Email:  democraticservices@eppingforestdc.gov.uk

Items
No. Item

70.

Declarations of Interest

(Director of Governance) To declare interests in any item on this agenda.

Minutes:

There were no declarations of interest made pursuant to the Council’s Member Code of Conduct.

71.

Procedure for the Conduct of Business pdf icon PDF 73 KB

Minutes:

The Sub-Committee noted the agreed procedure for the conduct of business.

72.

Exclusion of Public and Press

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

5

 

 

 

 

6

 

 

 

7

 

 

 

8

 

 

 

9

Local Govt (Miscellaneous Provisions) Act 1976 Hackney Carriage Driver –

Mr Darren Martin

 

Application for a Hackney Carriage Driver's Licence – 

Mr Billy Hutcherson

 

Application for a Hackney Carriage Driver's Licence –

Mr Jonathan Howarth

 

Application for a Hackney Carriage Driver's Licence – 

Mr Liakath Hussain

 

Application for a Private Hire Driver's Licence –

Mr Pavlouris Andreas Kyriacou

 

1

 

 

 

 

1

 

 

 

1

 

 

 

1

 

 

 

1

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

 

Background Papers:  Article 17 - Access to Information, Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

 

(a)        disclose any facts or matters on which the report or an important part of the report is based;  and

 

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.

 

The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.

Minutes:

That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

               5

 

 

 

 

               6

 

 

 

               7

 

 

 

               8

 

 

 

               9

Local Govt (Miscellaneous Provisions) Act 1976 Hackney Carriage Driver –

Mr Darren Martin

 

Application for a Private Hire Vehicle Driver's Licence – 

Mr Billy Hutcherson

 

Application for a Hackney Carriage Driver's Licence –

Mr Jonathan Howarth

 

Application for a Hackney Carriage Driver's Licence – 

Mr Liakath Hussain

 

Application for a Private Hire Vehicle Driver's Licence –

Mr Pavlouris Andreas Kyriacou

               1

 

 

 

 

               1

 

 

 

               1

 

 

 

               1

 

 

 

               1

 

73.

Local Government (Miscellaneous Provisions) Act 1976 Hackney Carriage Driver - Mr Darren Martin

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered a review of the current Hackney Carriage Driver’s Licence held by Mr D Martin. The three councillors that presided over this item were Councillor S Neville (Chairman), Councillor L Hughes and Councillor C P Pond. Members noted that Officers did not have delegated powers to determine this licence review and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Officer informed the Sub-Committee of the circumstances under which the Licence could not be dealt with under delegated authority.

 

Members were reminded by the Council’s Assistant Director (Legal Services) of the relevant clauses from the Council’s Hackney Carriage Driver's Licence Guidance and the Public Hire Licensing: Guidance on Decision Making.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

            RESOLVED:

 

That a formal written warning be sent to the Applicant about his future conduct because the act of driving without due care and attention was a serious offence, but Members considered that he had learnt his lesson and so a suspension would not be appropriate on this occasion.

74.

Application for a Private Hire Vehicle Driver's Licence - Mr Billy Hutcherson

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application for a Private Hire Vehicle Driver’s Licence by Mr B Hutcherson. The three councillors that presided over this item were Councillor S Neville (Chairman), Councillor C P Pond and Councillor D Sunger. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Officer informed the Sub-Committee of the circumstances under which the Licence could not be issued under delegated authority.

 

Members were reminded by the Council’s Assistant Director (Legal Services) of the relevant clauses from the Council’s Public Hire Licence Applications Guidance: Guidance to new applicants and existing licence holders and the Public Hire Licensing: Guidance on Decision Making.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

            RESOLVED:

 

That the application for a Private Hire Vehicle Driver’s Licence by Mr B Hutcherson be granted for a period of three years, subject to the applicant passing the Council’s knowledge test.

75.

Application for a Hackney Carriage Driver's Licence - Mr Jonathan Howarth

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr J Howarth. The three councillors that presided over this item were Councillor S Neville (Chairman), Councillor L Hughes and Councillor C P Pond. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Officer informed the Sub-Committee of the circumstances under which the Licence could not be issued under delegated authority.

 

Members were reminded by the Council’s Assistant Director (Legal Services) of the relevant clauses from the Council’s Hackney Carriage Driver's Licence Guidance and the Public Hire Licensing: Guidance on Decision Making.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

            RESOLVED:

 

(1)    That the application for a Hackney Carriage Driver’s Licence by Mr J Howarth be granted for a period of three years, subject to the applicant passing the Council’s knowledge test;

 

(2)    That the Applicant was considered to be a fit and proper person as all his convictions were long in the past and he had been an HGV driver for 20 years.

76.

Application for a Hackney Carriage Driver's Licence - Mr Liakath Hussain

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application for a Hackney Carriage Driver’s Licence by Mr L Hussain. The three councillors that presided over this item were Councillor S Neville (Chairman), Councillor C P Pond and Councillor D Sunger. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Officer informed the Sub-Committee of the circumstances under which the Licence could not be issued under delegated authority.

 

Members were reminded by the Council’s Assistant Director (Legal Services) of the relevant clauses from the Council’s Hackney Carriage Driver's Licence Guidance and the Public Hire Licensing: Guidance on Decision Making.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

            RESOLVED:

 

That the application for a Hackney Carriage Driver’s Licence by Mr L Hussain be granted for a period of three years, subject to the applicant passing the Council’s knowledge test.

77.

Application for a Private Hire Vehicle Driver's Licence - Mr Pavlouris Andreas Kyriacou

(Director of Neighbourhoods) To consider the attached report.

Minutes:

The Sub-Committee considered an application for a Private Hire Vehicle Driver’s Licence by Mr P A Kyriacou. The three councillors that presided over this item were Councillor S Neville (Chairman), Councillor L Hughes and Councillor C P Pond. Members noted that Officers did not have delegated powers to grant this application and, as a result, the application had to be considered by the Sub-Committee.

 

The Chairman welcomed the Applicant and introduced the Members and Officers present. The Licensing Officer handed out extra information relevant to the application and informed the Sub-Committee of the circumstances under which the Licence could not be issued under delegated authority.

 

Members were reminded by the Council’s Assistant Director (Legal Services) of the relevant clauses from the Council’s Public Hire Licence Applications Guidance: Guidance to new applicants and existing licence holders and the Public Hire Licensing: Guidance on Decision Making.

 

The Applicant made a short statement in support of his application before answering a number of questions from Members of the Sub-Committee. The Applicant then made a short closing statement to the Sub-Committee before the Chairman requested that the Applicant leave the Chamber whilst the Committee considered the application.

 

The Chairman invited the Applicant back into the Chamber and informed him of the Sub-Committee’s decision.

 

            RESOLVED:

 

(1)    That the application for a Private Hire Vehicle Driver’s Licence by Mr P A Kyriacou be granted for a period of three years, subject to the applicant passing the Council’s knowledge test;

 

(2)    That the Applicant was a fit and proper person to hold a driver’s licence. The Licensing Sub-Committee had serious concerns about his recent speeding convictions but two years had almost lapsed since the last conviction; and

 

(3)    That the Licence be granted but a written warning be given that any further offences would be treated seriously.