Agenda and draft minutes

Venue: Gordon Room, Worthing Town Hall

Contact: Chris Cadman-Dando
Democratic Services Officer
01903 221073  Email: chris.cadman-dando@adur-worthing.gov.uk

Items
No. Item

LCCA/13/19-20

Declarations of Interest / Substitute Members

Members and officers must declare any disclosable pecuniary interests in relation to

any business on the agenda. Declarations should also be made at any stage such

an interest becomes apparent during the meeting.

 

If in doubt contact the Legal or Democratic Services representative for this meeting.

Minutes:

There were no declarations of interest or substitute members

LCCA/14/19-20

Confirmation of Minutes

To approve the minutes of the Licensing and Control Committee A meeting of held

on the 27 January 2020, copies of which have been previously circulated.

Minutes:

Resolved: that the minutes of the Licensing and Control Committee A meeting of held on the 27 January 2020 be approved as the correct record

LCCA/15/19-20

Public Question Time

To receive any questions from Members of the public in accordance with Standing

Order 11.2

 

( Note: Public Question Time will operate for a maximum of 30 minutes.)

Minutes:

There were no public questions

LCCA/16/19-20

Exclusion of the Press and Public

In the opinion of the Proper Officer the press and public should be excluded from the meeting for consideration of the following item. Therefore the meeting is asked to consider passing the following resolution:

 

'that under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A to the Act indicated against the item'

Minutes:

Resolved: that under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting from the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A to the Act indicated against the item.

LCCA/17/19-20

Local Government (Miscellaneous Provisions) Act 1976 Determination of an application for a new Private Hire Driver Licence

To consider a report by the Director for Communities, copy attached as item 5

Minutes:

Before the committee was a report by the Director for Communities, copies of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes as item 5.  Members were asked to determine an application for a new Private Hire Drivers’ Licence the details of which meant that it was appropriate for the Committee to consider the application

 

The Committee carried out the procedure before it.

 

The meeting adjourned at 6.45pm for the members to consider their decision and reconvened at 7.35pm

 

The meeting was told that in reaching its decision the Licensing Committee had given due regard to relevant legislation and guidance within the Council’s Hackney Carriage and Private Hire Licensing Handbook. The Committee also gave regard to human rights legislation and the rules of natural justice. Due consideration was given to representations that were made at the hearing and in writing.

 

Resolved: That the private hire licence be not granted

 

Reasons for decision: The Committee’s overriding concern is public safety and is concerned about the pattern of behaviour and that the applicant poses a risk to the public. Although an original conviction was successfully appealed, the conviction of the 16 July 2019 remains. The Committee takes a serious view that when the applicant had committed that offence a restraining order had been in place. The applicant had not satisfied the Committee with the explanation given and the breach of a restraining order was considered extremely serious. It showed a disregard to a court order and did not satisfy the Committee that the applicant was a fit and proper person. The applicant’s background had been taken into account and the Committee believed that it was proportionate to not grant a licence. The pattern of behaviour demonstrated that the applicant was a risk and the Committee was concerned that the applicant would offend again.