Agenda and minutes

Licensing and Appeals Panel - Wednesday, 27th July, 2016 9.30 am

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Items
No. Item

PART 1 - PUBLIC

LA 16/58

Declarations of Interest

Minutes:

There were no declarations of interest made in accordance with the Code of Conduct.

LA 16/59

Exclusion of Press and Public pdf icon PDF 28 KB

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.

PART 2 - PRIVATE

Decisions taken under Delegated Powers in accordance with Paragraph 3, Part 3 of the Constitution

LA 16/60

Application for Probationary Private Hire Licence (Case No 11/2016)

LGA 1972 Sch 12A Paragraph 1 – Information relating to an individual

Minutes:

(Reason: LGA 1972 Sch 12A Paragraph 1 - Information relating to an individual)

 

Consideration was given to the report of the Director of Central Services and Monitoring Officer regarding an application for a Probationary Private Hire Driver’s Licence following receipt of information from the Driver and Vehicle Licensing Authority (DVLA) regarding the use of a mobile ‘phone while driving and of exceeding the statutory speed limit on a public road.

 

The Panel listened carefully to the information provided by the Applicant, had due regard to the report of the Director of Central Services and to the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Policy and made the following findings:- 

 

1.         The Panel noted the relevant provisions of the Tonbridge and Malling Borough Council Hackney Carriage and Private Hire Licensing Policy.

 

2.         The Panel considered the Policy, and in particular to paragraph 12.7.2 which stated that where an applicant had more than one conviction for this type of offence within the last 6 months, an application would normally be refused.

 

3.         The Panel noted that the most recent offence was over 6 months old.  However, the Panel remained concerned at the frequency of similar offences with a short period.

 

4.         Additionally, in relation to the mobile ‘phone offence, whilst the Panel accepted the explanation given, it remained concerned that the circumstances demonstrated a lack of due attention which would be essential for a professional driver.

 

For these reasons the Panel therefore

 

RESOLVED:  That the application for a Probationary Private Hire Driver’s Licence be REFUSED.