Agenda and draft minutes

Licensing Regulatory Sub-Committee - Monday, 11th July, 2022 1.00 pm

Venue: Drawing Room

Contact: Sandra Kemsley  Democratic Services Officer

Items
No. Item

6.

The Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985 and Access to Information (Variation) Order 2006

Minutes:

Discussion arising hereon it was:-

 

RESOLVED:- That under Section 100A(4) of the Local Government Act 1972 the public and press be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 1 and 2 (Minute No. 5) of Part One of Schedule 12A of the said Act.

 

7.

Declarations of Interest

To receive declarations by Members and/or co-optees of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting).

 

Members may however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register,  as well as any other registrable or other interests. 

 

Minutes:

Councillor McEwan declared an interest as his son is a policeman.

 

8.

Minutes pdf icon PDF 199 KB

To confirm the Minutes of the meeting held on 13th June, 2022

Minutes:

The Minutes of the meeting held on 13th June, 2022 were taken as read and confirmed.

 

9.

Review of Hackney Carriage and Private Hire Driver Licence

Minutes:

The Head of Public Protection reported that at its meeting on 13th June, 2022 Members had considered a report on complaints received regarding a Licensed Hackney Carriage and Private Hire driver and it was unanimously agreed to suspend the Hackney Carriage and Private Hire Driver Licences and their hackney carriage vehicle licence with immediate effect pending the fitting of a front facing dash-cam to the satisfaction of the Licensing Authority at which time the licence will be reinstated.

 

On Monday 20th June, 2022 further information had been received regarding the Hackney Carriage and Private Hire driver. The Head of Public Protection’s report set out details concerning the Hackney Carriage and Private Hire Driver and set out the Councils policy regarding such matters.

 

The Hackney Carriage and Private Hire driver attended the meeting and addressed the Sub-Committee.

 

PC Liam Oliver, a representative from Cumbria Police attended the meeting and addressed the Sub-Committee.

 

Following detailed discussions between Officers, Members, the Police representative, and the Hackney Carriage and Private Hire driver, it was moved by Councillor Callister and duly seconded to move into Part Two to enable a decision to be made.  It was felt that holding discussions with Officers and the Hackney Carriage and Private Hire driver present would, or would be likely to, inhibit substantially, the free and frank exchange of views for the purposes of deliberation.  Private thinking space was essential to enable all facts, policies and legislation to be properly considered and appropriate legal advice obtained. 

 

All parties with the exception of Councillors Callister, Hall and McEwan, Paul O’Donnell (Legal Representative) and Sandra Kemsley (Democratic Services Officer) withdrew and were readmitted to the meeting following the Sub-Committee’s deliberations.

 

It was moved by Councillor McEwan and seconded by Councillor Hall, and

 

RESOLVED:- It was unanimously agreed to suspend all the Private Hire and Hackney Carriage Driver licences immediately in the interest of public safety and they are to remain suspended until he successfully completed a Council Approved Taxi Driving Test.