Agenda and draft minutes

Venue: Meadfoot Room, Town Hall, Castle Circus, Torquay, TQ1 3DR

Contact: Lisa Warrillow 

Items
No. Item

384.

Election of Chairman/woman

To elect a Chairman/woman for the meeting.

Minutes:

Councillor Addis was elected as Chairman for the meeting.

385.

Minutes pdf icon PDF 72 KB

To confirm as a correct record the Minutes of the meeting of a Sub-Committee held on 10 November 2011.

Minutes:

The Minutes of the meeting of the Sub-Committee held on 10 November 2011 were confirmed as a correct record and signed by the Chairman.

386.

Exclusion of the Press and Public

To consider passing a resolution to exclude the press and public from the meeting prior to consideration of the following item on the agenda on the grounds that exempt information (as defined in Part 1 of Schedule 12A of the Local Government Act 1972 (as amended)) is likely to be disclosed.

Minutes:

Prior to consideration of the item in Minute 384 the press and public were formally excluded from the meeting on the grounds that the item involved the likely disclosure of exempt information as defined in paragraph 1,2 and 7 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

387.

Suspension of Licensed Drivers Licence

To consider an exempt report on the suspension of a Licensed Drivers Licence.

Minutes:

Prior to consideration of the exempt report regarding to the suspension of Licensed Drivers Licence, the Chairman made the following statement:

 

‘As the Chairman of the Licensing Committee, I was consulted in respect of the decision to suspend the Respondents Private Drivers Licence.  This was my only involvement in that decision making process, as the decision was the Executive Head’s to make and only the principle of suspending the driver licence was discussed with me, to which I did not object in the circumstances.

 

I have not, until this committee was set up, had the opportunity to see all the evidence therefore please be assured that I have not made up my mind on any issues to be discussed today.’

 

The Sub-Committee proceeded to consider an exempt report and appendices on the suspension of a Private Hire Vehicle Driver and whether he remained a ‘fit and proper person’ to hold a Drivers Licence.  The Sub-Committee also considered additional papers which were circulated on 29 November 2011, listened to a tape recording and several character references.

 

The Respondents Solicitor, Respondent and Respondents friend all made oral representations to the Sub-Committee.

 

Decision:

 

That the Private Hire Drivers Licence, as set out in the Licensing Sub-Committee exempt report dated 1 December 2011 be revoked and that this revocation shall have immediate effect in the interest of public safety.

 

Reason for Decision:

 

Having carefully considered all the written, oral and audio evidence placed before the Sub-Committee, Members of the Committee resolved to revoke the Respondents Private Hire Drivers Licence, as in accordance with section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 because they could not be satisfied that he remained a fit and proper person to hold such a licence. In addition Members of the Committee resolved that this revocation shall have immediate effect in the interest of public safety, as in accordance with 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976.