Agenda and draft minutes

Resolved: that Councillor Stuart Davies be elected Chairperson for the meeting.

Councillor Davies in the Chair

A Member must declare any disclosable pecuniary interest where it relates to any matter being considered at the meeting. A declaration of a disclosable pecuniary interest should indicate the interest and the agenda item to which it relates. A Member is not permitted to participate in this agenda item by law and should immediately leave the meeting before the start of any debate.

If the Member leaves the Chamber in respect of a declaration, he or she should ensure that the Chairperson is aware of this before he or she leaves to enable their exit from the meeting to be recorded in the minutes in accordance with Standing Order 37.

None.

Resolved:  that the hearing procedures be adopted.

The Sub-Committee will be invited to pass the following resolutions:

(1) That the press, public and officers are not required by the Members, the Chief Executive or the Director, to remain during the exempt session, be excluded from the meeting during consideration of the following item of business on the ground that its consideration will involve the disclosure of exempt information as defined in Section 1001 of the Local Government Act 1972, by virtue of paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act

Also, if appropriate, the following resolution should be passed –

(2) That Members of the Council who are not members of this Sub-Committee be invited to remain”.

The Sub-Committee was invited to pass the following resolution:

“(1)     That the press, public, and officers not required by the Members, the Chief Executive or the Director, to remain during the exempt session, be excluded from the meeting during consideration of the following item of business on the ground that its consideration will involve the disclosure of exempt information as defined in Section 100I of the Local Government Act 1972, by virtue of paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act”

Also, if appropriate, the following resolution should be passed –

“(2)     That members of the Council who are not members of this Sub-Committee be invited to remain.”

Resolved: that the resolutions be passed.

Report of the Director of Public Health and Regulatory Services (attached).

The representative of the Director of Public Health and Regulatory Services presented the report. The Sub-Committee heard the evidence presented by the Licensing Officer pertaining to the review of the Private Hire Driver’s Licence and considered all the evidence.

The Licensing Sub-Committee considered the application to review the Private Hire Driver’s Licence on its own merits and were advised by the Legal Advisor that they could consider ‘soft intelligence’ provided by the Avon and Somerset Police and apply the standard of ‘Balance of Probabilities’ to the evidence they heard, as well as considering the licence holder history as a Private Hire Driver’s Licence holder.

The Committee gave regard to North Somerset’s Hackney Carriage and Private Hire Licensing Policy, as well as the provisions of the Human Rights Act and Section 61(1) of the Local Government (Miscellaneous Provisions) Act 1976, in considering the case of the License Holder.

Resolved: that the Licensing Sub-Committee did not deem the license holder a fit and proper person to hold a Private Hire Driver’s Licence and as such, the License would be revoked based on c) any other reasonable cause under the Local Government (Miscellaneous Provisions) Act 1976 Section 61.

For a matter to be considered as an urgent item, the following question must be addressed: “What harm to the public interest would flow from leaving it until the next meeting”.  If harm can be demonstrated, then it is open to the Chairperson to rule that it be considered as urgent.  Otherwise the matter cannot be considered urgent within the statutory provisions.

None.