Venue: Civic Suite, Gibson Building, Kings Hill, West Malling
Contact: Committee Services
Email: committee.services@tmbc.gov.uk
Items
No. |
Item |
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PART 1 - PUBLIC
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LA 14/59 |
Declarations of Interest
Minutes:
There were no declarations of interest made in
accordance with the Code of Conduct.
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LA 14/60 |
Exclusion of Press and Public
The Chairman to move that the press and public
be excluded from the remainder of the meeting during consideration
of any items the publication of which would disclose exempt
information
Minutes:
The Chairman moved, it was seconded and
RESOLVED: That as public discussion would disclose exempt
information, the following matters be
considered in private.
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PART 2 - PRIVATE
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Decisions taken under Delegated Powers in accordance with Paragraph 3, Part 3 of the Constitution
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LA 14/61 |
Application for a Probationary Private Hire Driver's Licence - Case No 20/2014
(Reason: LGA 1972
Sch 12A Paragraph 1 – Information
relating to an individual)
Minutes:
(Reason: LGA 1972 Sch 12A
Paragraph 1 – Information relating to an individual)
The Panel
gave consideration to the report of the Director of Central
Services and Monitoring Officer regarding an application for a
Probationary Private Hire Driver’s Licence. The Panel was advised that the Applicant’s
Disclosure and Barring Service check had disclosed a number of
relevant convictions, which were set out at paragraph 1.2.4 of the
report. The Panel listened carefully to
the representations made by the Applicant and his proposed mentor
and had regard to the explanation given of the circumstances
surrounding the relevant convictions which had arisen following the
breakup of a previous relationship.
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The Panel
had regard to the Council’s Hackney Carriage and Private Hire
Licensing Policy (‘the Policy’), the relevant
provisions of which were set out at paragraph 1.3 of the report of
the Director of Central Services.
The
Director of Central Services also drew the attention of the Panel
to paragraph 12 of Appendix D to the Policy, which deal with
convictions for violence. The Panel
noted that the convictions dated 4 February 2011 and 17 December
2012 were less than 4 years old, and in accordance with the policy
provisions of paragraph 12.3.1 would normally lead to
refusal. The convictions dated 7
September 2009 and 30 October 2009 were more than 4 years old and
more weight should therefore be given to the circumstances of the
offence and any evidence adduced to show good character since the
date of conviction.
The Panel
had regard to the support given to the application by the proposed
Mentor, a Private Hire Operator for whom the Applicant had been
working since April 2014. The Panel was
satisfied that appropriate support would be provided by the mentor
throughout the probationary period but advised that it would not be
minded to grant a full licence upon expiry of the probationary
period should the Applicant be convicted of any further
offences.
For these
reasons, the Panel therefore
RESOLVED: That the Applicant be granted a Probationary Private Hire
Driver’s Licence for a period of one year.
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