Decision details

The Mayor indicated that he had agreed to the consideration of this urgent item which had been referred for determination by the Licensing and Public Safety Committee on 19 July 2017 as a result of recent case law.

Councillor Paul Walmsley, Executive Member for Public Protection presented a report of the Director of Policy and Governance seeking an amendment to the scheme of delegation contained within the Council’s Constitution under section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976 and following case law Reigate and Banstead Borough Council v Pawlowski 2017.

Councillor Paul Walmsley, Executive Member for Public Protection proposed, Councillor Marion Lowe, Chair of Licensing and Public Safety Committee, seconded and it was RESOLVED –  that the Head of Legal, Democratic and HR Services be authorised to amend the current Responsibility for Functions section in the Constitution (Scheme of Delegation) to allow the following decisions to be made by Officers:

Delegated power to the Director of Early Intervention and Support (or another senior officer in the event that the Director is not available) in consultation with Chair or Vice Chair of Licensing & Public Safety Committee to revoke a hackney carriage driver licence or private hire driver licence with or without immediate effect under Section 61[2B] of the Local Government (Miscellaneous Provisions) Act 1976.