Agenda and minutes

Licensing Committee - Friday, 17th February, 2023 11.30 am

Venue: Council Chamber - South Kesteven House, St. Peter's Hill, Grantham. NG31 6PZ. View directions

Contact: Democratic Services 

Items
No. Item

27.

Apologies for absence

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    Minutes:

    Apologies for absence were received from Councillor Jane Kingman, Councillor Phil Dilks and Councillor Paul Wood.

28.

Disclosure of interests

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    Members are asked to disclose any interests in matters for consideration at the meeting.

    Minutes:

    None disclosed.

29.

Minutes of the meeting held on 21 October 2022 pdf icon PDF 161 KB

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    Minutes:

    The minutes of the meeting held on 21 October 2022 were proposed, seconded and AGREED.

30.

Exclusion of Press and Public

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    It is anticipated that, in accordance with Section 100A (4) of the Local

    Government Act 1972 (as amended) the press and 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 them.

    Minutes:

    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 described in paragraphs 1 and 2 during consideration of the following item of business because of the likelihood that otherwise exempt information would be disclosed to them.

     

31.

Local Government (Miscellaneous Provisions) Act 1976: Committee to determine whether applicant is a fit and proper person to be a licensed Private Hire driver

    Report ENV838 from the Licensing Officer.

    Additional documents:

    Minutes:

    Decision

     

    To refuse to issue a 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 51(1) of the Local Government (Miscellaneous Provisions) Act 1976.

     

    The Legal Advisor introduced those present and confirmed the name of the applicant.

     

    The Licensing Officer presented the exempt report which concerned whether the driver before the Committee was a fit and proper person to hold a private hire licence following the revocation of the licence by the Committee in April 2022.  The applicant had retained her Private Hire Operators licence.  The applicant had been brought before the Committee for the offenses as outlined within the report.  In November 2022 the applicant had submitted a new application for a private hire driver’s licence.  All the usual checks for a new driver, such as right to work, Disclosure and Barring Enhanced Check, DVLA etc. had all been successfully completed.  The applicant had confirmed within the application form that they had read the Taxi and Private Hire Licensing Policy.

     

    The applicant then made their representation in respect of the application before the Committee. 

     

    Questions were asked of the applicant by both the Committee and the Licensing Officer who tried to establish with the applicant that they understood what was expected of them in respect of holding a South Kesteven District Council private hire drivers and operator’s licence, this was different to holding a Lincolnshire County Council’s school contract and licence.

     

    The Licensing Officer then made their closing statement stating that each application was to be determined on its own merits.  The Committee should note that all previous checks were successfully completed and the applicant had confirmed that she had read the Taxi and Private Hire Licensing Policy but still had committed the offences outlined.  It was for the Committee to determine whether to:

     

    -        Grant a private hire driver’s licence on the basis that the applicant is a fit and proper person to hold such a licence under Section 51 (1) of the Act or

    -        Refuse to issue a 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 51 (1) of the Act.

     

    (11:46 the Licensing Officers and applicant left the meeting)

     

    Members discussed the application before them having regard to all the relevant policies and guidance.  The Legal Advisor advised the Committee that it was for them to be satisfied that the evidence provided enabled them to make a decision as to whether the applicant was a fit and proper person to hold a Private Hire Driver’s licence.

     

    Members discussed the applicant before them having regard to the comments made and the lack of evidence presented since the Committee had revoked the licence in April 2022.  It suggested to Members that the applicant still did not fully understand her responsibilities in respect of driving a private hire vehicle and being a Private Hire Operator and it  ...  view the full minutes text for item 31.

32.

Close of meeting

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    Minutes:

    The meeting closed at 12 noon.