Agenda and minutes

Licensing and Appeals Panel - Thursday, 15th December, 2016 2.30 pm

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 16/112

Declarations of Interest

Minutes:

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

LA 16/113

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 16/114

Application for a Probationary Private Hire Driver's Licence - Case No 27/2016

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 Disclosure and Barring Service (DBS) that the Applicant had received a Conviction under S.6(1) of the Bail Act 1976 on 5 May 2016 for Failing to Surrender to Custody at Appointed Time on 6 April 2016 for which he had a custodial sentence of two months.

 

The Panel listened carefully to the information provided by the Applicant regarding the reason why he had failed to surrender himself to custody and noted that he had not declared the conviction on the questionnaire which accompanied his application.  The Panel had due regard to the report of the Director of Central Services and to the following:-

 

(1)       that Paragraph 1.5.4 of the Policy stated that Public Safety was paramount when processing a prospective candidate to ensure that the applicant was a ‘Fit and Proper’ person to hold a licence; and

 

(2)       that Paragraph 5.7.3 of the Policy regarding ‘Fit and Proper’ required that the Council consider each case on its merits.

 

The Panel listened carefully to the Applicant’s explanation of the circumstances surrounding the Conviction and stressed that failure to surrender to bail was an extremely serious matter.  The Panel noted the extenuating circumstances put forward by the Applicant and took into account his long history as a taxi driver with no other convictions or cautions.  The Panel, therefore

 

RESOLVED:  That the Applicant be GRANTED a Probationary Private Hire Driver’s Licence.