Agenda and draft minutes

To receive any apologies for absence.

There were no apologies.

To elect a Chairman for the Sub-Committee.

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 Licensing Consultant 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.

Members of the Sub-Committee and officers introduced themselves. 

Cllr A Cuddy advised that he had professional knowledge of the licence holder but did not know them personally.

The Specialist Lead (Licensing) outlined the contents of the report, explaining the responsibility of the Local Authority. He explained the key aims and objectives of the hearing, being the protection of public health and safety and the prevention of crime and disorder (as per the Mid Devon District Council policy). He highlighted that the priority is always the safety of the public.

The Members of the Sub-Committee then listened to the licence holder’s presentation of their case. The Members asked questions of the licence holder and gave them an opportunity to add anything further before they withdrew. 

The Sub-Committee then withdrew to deliberate the case.

The Sub-Committee RESOLVED to:

Suspend the Hackney Carriage and Private Hire Vehicle Licence for a period of 6 months on condition that the licence holder undertook, at their own expense, a taxi driving test at the end of the suspension period.