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Apologies for absence
An apology for absence was received from Councillor Bisnauthsing.
Disclosure of interests
Members are asked to disclose any interests in matters for consideration at the meeting.
Minutes of the meeting held on 12 November 2021 PDF 107 KB
Minutes of the meeting held on 12 November 2022 were proposed, seconded and AGREED.
EXCLUSION OF THE PRESS AND PUBLIC
It is anticipated that, in accordance with Section 100A(4) of the Local
Government Act 1972 (as amended) the public may be excluded from the
meeting during consideration of the following item of business because of
the likelihood that otherwise exempt information, as described in
paragraphs 1 and 2 of the Act (as amended) would be disclosed to the
It was proposed, seconded and AGREED to exclude the press and public in accordance with Section 100A(4) of the Local Government Act 1972 (as amended) in respect of the following item of business because of the likelihood that otherwise exempt information, as described in paragraphs 1 and 2 of the Act (as amended) would be disclosed.
Local Government (Miscellaneous Provisions) Act 1976
Report ENV808 from the Licensing Officer.
To revoke the Private Hire driver’s licence on the grounds that the applicant is not a fit and proper person to hold such a licence under section 61 (1) (b) of the Local Government (Miscellaneous Provisions) Act 1976.
The Legal Advisor introduced those present and confirmed that the driver was in attendance.
The Licensing Officer presented exempt report ENV808 which concerned whether the driver before the Committee was a fit and proper person to hold a private hire licence.
The Licensing Officer highlighted the details within the report pertaining to when applications for the vehicle renewal had been received, after the expiration of the current licence, the continued use of the vehicle, without a valid licence on Lincolnshire County Council school runs and failure to notify the Licensing Team of a change of address within the correct time period as outlined with South Kesteven’s Hackney Carriage and Private Hire Licensing Policy. He referred Members of the Committee to the relevant appendices appended to the report. The driver had made a request in February 2022 which went against the Council’s Policy and therefore required the Committee to decide the application before them.
A Member questioned the validity of using an unlicensed vehicle in respect of insurance, if an accident had occurred. It was stated that without seeing the insurance document this couldn’t answered, however, it was felt that the insurance would most likely be invalid.
The driver then made their representation and offered reasons for why the licence had not been renewed on time.
It was confirmed that they had ticked the relevant box that stated that they had read the Council’s Hackney Carriage and Private Hire Licensing Policy and understood the contents.
Members questioned the driver about the circumstances around the renewal documentation and the content which had been amended to which the driver replied.
The Licensing Officer listed the options available to the Committee which were:
- To suspend the driver for a defined period of time.
- To revoke the Private Hire driver’s licence on the grounds that the applicant was not a fit and proper person to hold such a licence under section 61 (1) 9b) of the Local Governance (Miscellaneous Provisions) Act 1976.
- To issue a warning.
- To take no action.
The applicant made a closing statement and stated that they were not sure of what they needed to do and asked for a second chance.
(10:30am the Licensing Officers and driver left the meeting)
Members discussed the driver before them having regard to the report, appendices and the representations made together with the Council’s Hackney Carriage and Private Hire Licensing Policy and the Statutory taxi and private hire vehicle standards and Councillor handbook. Members felt that the driver did not seem to have a clear understanding of what was required of them, but acknowledged that a renewal had been made in October 2020. Concern was expressed about the change that had been made to the application which stated the vehicle was two ... view the full minutes text for item 5.
Application to renew a Sex Shop Licence
Report ENV809 from the Licensing Officer.
That the Licensing Committee approve the renewal of the application for a Sex Shop Licence in accordance with Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by the Policy and Crime Act 2009).
Members had been circulated with report ENV809 which concerned an application to renew a Sex Shop Licence for the premises known as Pulse & Cocktails, A1 southbound, Stoke Rochford.
In accordance with the Authority’s procedures, all applications relating to sex establishments, with the exception of uncontested transfer applications, must be heard by the Licensing Committee. Each application had to be determined on its own merits; however, refusal of a licence could only be on certain mandatory and/or discretionary grounds as outlined within the report.
The applicant had run a sex shop since April 2009 and no complaints had been received during this time. The applicant was not varying the licence in any way and was only applying to renew the licence as it currently stood:
Monday – Sunday 09:00 – 22:00hrs (including Bank Holidays)
No objections had been received during the 28 day consultation period.
The options available to the Committee with regard to the application were:
- To renew the application as applied for
- To renew the application with modifications and/or additional conditions
- Refuse the renewal. If having considered the renewal application the committee decides to refuse it, it must provide the applicant with the reasons for the decision in writing.
Members considered the application before them having regard to relevant policies and procedures surrounding licensing the premises. As there had been no complaints made from any of the responsible authorities, members of the public or nearby businesses, it was proposed, seconded and unanimously agreed to approve the licence as applied for.
Close of meeting
The meeting closed at 11:00am.