Agenda and draft minutes

To receive any apologies for absence and notices of Substitution (if any).

There were no apologies

To elect a Chairman for the Hearing.

Cllr J Cairney was duly elected as Chairman of the sub committee.

It may be necessary to pass a resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Regulatory Sub Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.   

To consider passing the following resolution so that exempt information may be discussed:

Recommended by the Proper Officer that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 respectively of Part 1 of Schedule 12A of the Act, namely information relating an individual.

Prior to consideration of a report from the Group Manager for Public Health and Regulatory Services to consider whether or not a license holder was fit and proper to hold a licence (or Licenses) with Mid Devon District Council the Sub Committee discussed whether or not the hearing should be held in public or private. Members considered the circumstances of the case and agreed that the hearing should be conducted in closed session. The following resolution was therefore passed:

ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC

RESOLVED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.

The Council has received an application for a Hackney Carriage / Private Hire Driver licence. The licensing team have information which may call in to question the applicant’s suitability to hold a licence. The Sub-Committee must decide whether or not the individual is considered fit and proper to hold a licence with this authority.

A hearing was held to determine if a person was fit and proper to hold a hackney carriage/private hire licence.

The Sub-Committee took into account the relevant legislation, the Council’s Hackney Carriage and Private Hire Policy and the Department for Transport’s Statutory Taxi and Private Hire Vehicle Standards regarding the ‘fit and proper’ test and especially the overriding consideration of public safety and maintaining the public confidence in the licensing process.

The Sub-Committee RESOLVED to:

Grant the Hackney Carriage/Private Hire Vehicle Licence on condition that the applicant undertake, at his own expense, training in relation to an approved speed awareness course. The training must be completed before the Licence was granted.