Minutes

of the Meeting of the

Planning and Regulatory (Licensing)

Sub-Committee

Monday 11th July 2005

held at the Town Hall, Weston-super-Mare, Somerset.

 

Meeting Commenced:          10.30 a.m.                              Meeting adjourned:   11.15 a.m.

Meeting reconvened:            10.30 a.m.  22nd August 2005        Concluded:    10.45 a.m.

 

Present:  Councillors  Ian Bates, Andy Cole, Bob Coleman, Marie Owens, Howard Roberts

 

PRL

1         

Election of Chairman for the Meeting

 

Resolved: that Councillor Andy Cole be elected Chairman for the meeting.

 

Councillor Andy Cole in the Chair

PRL

2         

Exclusion of the Press and Public (agenda item 4)

 

Resolved: that the press, public and officers not required by the Members, the Chief Executive Officer or the Director, to remain during the exempt session, be excluded from the meeting during consideratin of the following item of business on the ground that its consideration will involve the disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.

 

Item                                     Reason for exemption

 

Minute numbers                  Paragraphs 7 and 14 of Schedule 12A of the Local

PRL 3, 4 and 5                   Government Act 1972

 

PRL

3         

Application for a Private Hire Drivers’ Licence - Mrs D (Agenda Item 5.1)

 

Mrs C Horton and Ms M Bessant for the Licensing Authority were in attendance for the consideration of this case.

 

The Chairman introduced the Members of the Sub-Committee and explained the procedure to be followed at the meeting.

 

At the invitation of the Chairman, Mrs Caroline Horton, Licensing Officer, presented the case for the Licensing Authority.  She advised the Sub-Committee that Mrs N had telephoned at 9.50 a.m. that morning to say that she was unwell and would not be attending the hearing but that she wished the hearing to proceed in her absence.

 

Referring to the report, Mrs Horton told the Sub-Committee that Mrs N had been a licensed Private Hire Driver for over five years and within that period of time the Licensing Authority had not received any complaints about her. 

 

Members of the Sub-Committee then asked questions of the Licensing Officer who then summed up on behalf of the Licensing Authority.

 

 

 


The Members of the Sub-Committee, together with the Legal Adviser to the Sub-Committee, then withdrew from the meeting to deliberate and reach a decision.

 

 


On returning to the meeting, and at the invitation of the Chairman, the Legal Adviser announced that after due consideration of the evidence placed before it, the Sub-Committee had reached the following decision:

 

Resolved:

 

(1)     That the hearing of this matter be adjourned until 10.30 a.m., Monday 22nd August 2005 to enable the applicant to have a further opportunity to attend, or to arrange for someone to attend on her behalf (not necessarily a legal representative, but someone to speak on her behalf).

 

(2)     That if the applicant or her representative failed to attend the adjourned hearing, the Sub-Committee would make a decision in absence.

 

 

The Sub-Committee adjourned at 10.50 a.m.

 

 

 


The Sub-Committee reconvened at 11.00 a.m.

PRL

4         

Application for Private Hire Drivers’ Licence - Mr H (Agenda Item 5.2)

 

 

Mr H, the applicant, Mrs Caroline Horton and Ms Mary Bessant for the Licensing Authority, were in attendance for consideration of this case.

 

The Chairman introduced the Members of the Sub-Committee and drew attention to the procedure to be followed at the meeting.

 

At the invitation of the Chairman, Mrs Caroline Horton, Licensing Officer, presented the case for the Licensing Authority.  She referred to the officer’s report and outlined the case and the evidence relating to the applicant.

 

At the invitation of the Chairman, Mr H then presented his case.   Members of the Sub-Committee then asked questions of Mr H.

 

At the invitation of the Chairman, Mrs Horton then summed up on behalf of the Licensing Authority.  Mr H indicated that he had nothing further to add.

 

 

 


The Members of the Sub-Committee, together with the Legal Adviser to the Sub-Committee, then withdrew from the meeting to deliberate and reach a decision.

 

 

 


On returning to the meeting, and with all parties present, the legal adviser to the Sub-Committee announced that after due consideration of the evidence placed before it, the Sub-Committee had reached the following decision :

 

Resolved: that the Private Hire Drivers’ Licence be granted to Mr H who, in the opinion of the Sub-Committee, is at this stage a fit and proper person to hold such a licence.  The Sub-Committee reminded Mr H that should a further offence occur the in future this would need to be disclosed to the Licensing Authority which may lead to the revocation of his licence.

 

Meeting adjourned 11.15 a.m.

 

Meeting reconvened 10.30 a.m. 22nd August 2005

PRL

5         

Application for a Private Hire Drivers’ Licence - Mrs D

 

There was no appearance by Mrs D or her representative and the application proceeded in her absence.

 

At the invitation of the Chairman, Ms Horton represented the application on behalf of the Licensing Authority. 

 

The Sub-Committee reached a decision as follows:

 

Resolved: that after due consideration of the evidence placed before it, and with no appearance by the applicant or her representative, the decision of the Sub-Committee is that Mrs D is not a fit and proper person to hold a Private Hire drivers’ licence badge and that her licence be revoked.

 

 

 

 

                                                                                    ________________________________

                                                                                                                Chairman

                                                                                    ________________________________