Venue: Council Chamber, Worthing Town Hall
Contact: Chris Cadman-Dando
Democratic Services Officer
01903 221073 Email: email@example.com
Note: Matter Deferred
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.
There were no declarations of interest or substitute members
Confirmation of Minutes
To approve the minutes of the Licensing and Control Committee A meeting of held
on the 24 January 2022, copies of which have been previously circulated.
Resolved: that the minutes of the Licensing and Control Committee A meeting of held on the 24 January 2022 be approved
Public Question Time
To receive any questions from Members of the public in accordance with Standing
( Note: Public Question Time will operate for a maximum of 30 minutes.)
There were no questions from the public
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 items 12 and 13. 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 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'
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
Local Government (Miscellaneous Provisions) Act 1976 - Review of a Private Hire Driver’s Licence
To consider a report by the Interim Director for Communties, copy attached as item 4
Before the Committee was a report by the Interim Director for Communities, a cop of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes. Members were requested to consider and determine a review of a Private Hire driver licence. Due to previous warnings on the respondent’s private hire driver licence file it was deemed appropriate that the Private Hire driver licence be reviewed by the Licensing & Control Committee.
The Committee carries out the procedure laid before it
The Licence Holder claimed that they had not been given a copy of the Committee papers. The Committee determined to give the respondent the benefit of the doubt and agreed to adjourn the hearing to allow extra time for the respondent to study the Committee papers
On a vote the meeting was adjourned at 7.15pm
The meeting was reconvened at 6.30pm on Friday 18 February 2022.
Present at the reconvened meeting were Councillors Steve Wills, Mike Barret, Sean McDonald, Richard Nowak, Cathy Glynn-Davies, John Turley and Rosey Whorlow*
RoseyWhorlow left the meeting at 6.45pm
Resolved: that the licence be revoked with immediate effect
Reasons for decision: The Committee did not believe that the driver was a fit and proper person. The Committees overriding concern was public safety.
There had been 3 complaints of a similar sexual nature and although two are historic these nevertheless build a fuller picture of the potential risk we believe the respondent was to the public.
The explanation that the respondent did not know where the CCTV was located was not accepted. There was no plausible reason for it to have been disconnected. In addition there was evidence that the CCTV was not working for at least 3 weeks as the battery was flat. It was a requirement of the licence for the CCTV to be working and consequently the respondent was in breach.
These complaints, the fact that CCTV footage could not be accessed and the fact that the respondent did not notify the office that the respondent had changed or registered with another operator tipped the balance of probabilities that the respondent posed a risk and consequently it was proportionate and necessary to revoke the respondent’s licence with immediate effect to safeguard the public.