Agenda and minutes

Licensing and Appeals Panel - Wednesday, 25th July, 2018 1.00 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 18/82

Declarations of Interest

Minutes:

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

LA 18/83

Exclusion of Press and Public pdf icon PDF 4 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 18/84

Review of Dual Driver's Licence - Case No 12/2018

(Reasons:  LGA 1972 Sch 12A Paragraph 1 – Information relating to an individual)

Minutes:

(Reasons:  LGA 1972 Sch 12A Paragraph 1 – Information relating to an individual)

 

The Panel was asked to consider whether the holder of a Dual Hackney Carriage and Private Hire Driver’s Licence should have his licence suspended or revoked under s.61(1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 on the grounds that he was playing loud music in his vehicle in contravention of the Council’s Taxi Licensing and Enforcement Policy and had failed to co-operate with the Council’s Senior Licensing Officer during an enforcement exercise in Maidstone High Street in the early hours of the morning of 22 April 2018. 

 

The Panel was reminded that the case had previously been scheduled to be heard on 6 June and 22 June but had been deferred on each occasion as the Driver was unavailable.  The Panel noted that the Driver had indicated that he would not be attending the Hearing and had been advised that the case would be heard in his absence. 

 

The Panel had regard to the report of the Director of Central Services and Monitoring Officer and found the following:-

 

(1)          that the Driver had failed to comply with the Local Government (Miscellaneous Provisions) Act 1976 in that he failed, without reasonable excuse, to comply with a requirement properly made to him by the Senior Licensing Officer; and

 

(2)          that the Driver had failed to comply with s.60(1)(c) of the Local Government (Miscellaneous Provisions) Act 1976 - Any Other Reasonable Cause in that he had played very loud music in his vehicle in contravention of the Borough Council’s Hackney Carriage and Private Hire Policy.

 

For these reasons the Panel

 

RESOLVED:  That Dual Hackney Carriage and Private Hire Driver’s Licence Number 16/01351/DUALDL be SUSPENDED for a period of 4 weeks.