Agenda and minutes

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations of any interests.

To consider the exclusion of the press and public for the following items of business on the ground that it involves the likely disclosure of exempt information as defined in Paragraph 4 of Part 1 of Schedule 12A to the Local Government Act 1972.

By Virtue of Paragraph 1: Information relating to any individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 2: Information which is likely to reveal the identity of an individual.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Condition:

Information is not exempt if it is required to be registered under-

The Companies Act 1985

The Friendly Societies Act 1974

The Friendly Societies Act 1992

The Industrial and Provident Societies Acts 1965 to 1978

The Building Societies Act 1986 (recorded in the public file of any building society, within the meaning of the Act)

The Charities Act 1993

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 4: Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under the authority.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information is not exempt if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town & Country Planning General Regulations 1992(a).

By Virtue of Paragraph 5: Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Condition:

Information is exempt to the extent that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Information  ...  view the full agenda text for item 15.LSC.37

RESOLVED - That the press and public be excluded from the meeting for the following items of business on the ground that they involve the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of schedule 12A of the Local Government Act 1972.

Report of the Director of Public Protection, Streetscene and Community (enclosed)

The Sub-Committee considered the report in the presence of the applicant to determine whether he was a fit and proper person to hold a private hire and hackney carriage Driver’s Licence in light of the Council’s Policy in relation to convictions.

The Council’s Licensing Officer outlined the report to the Members of the Committee and the applicant attended the meeting to give his representations.

The applicant had disclosed within his application a number of convictions recorded against him in addition to the information contained on the Disclosure and Barring Service (DBS) disclosure certificate, including details of a conviction for the possession of drugs.

During his interview with officers, he had also disclosed a number of convictions recorded against him in relation to his DVLA licence and at the Sub Committee meeting answered questions in relation to those offences.

Members fully considered all the facts brought to their attention both verbally and written and RESOLVED that the applicant was a fit and proper person to hold a private hire and hackney carriage driver’s licence under Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 and that his application should be approved subject to the requirements of the standard conditions for the following reasons:

Members considered the Council’s Policy on previous convictions which envisages rehabilitation periods of between 5 and 10 years. Driving without insurance is a serious offence as is the LC20 conviction which would require a substantial period to elapse before the applicant could be considered again for a private hire and hackney carriage driver licence.

In light of this Members noted that:

a)    Although it is the Council’s Policy in relation to previous convictions to consider applications where a period of 5-10 years is to elapse, in this case as almost five years have elapsed since his convictions. It is within the Sub-Committee’s gift to grant the taxi driver licence under paragraph B.1.3.2

b)   The applicant has not been convicted of any further offences in the intervening period and had expressed remorse.

However, Members noted the seriousness of his convictions and made it clear to the applicant that should he commit any further offence he will be brought back before the General Licensing Sub Committee.