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/7/19-20

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:

Councillor Westover declared an interest in item 5 as a DJ who worked for a company mentioned by the applicant.

LCCA/8/19-20

Confirmation of Minutes

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

on the 24 June 2019, copies of which have been previously circulated.

Minutes:

Resolved that the minutes of the Licensing and Control Committee A meeting of held on the 24 June 2019 be approved as the correct record

LCCA/9/19-20

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/10/19-20

Exclusion of the Press and Public

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/11/19-20

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

To consider a report by the Director for Communities, copy attached as item 4

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 6.55pm for the members to consider their decision and reconvened at 7.45pm

 

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 was public safety and took convictions for alcohol related driving offences seriously. The Committee referred to the taxi handbook for Worthing which states that for one or more conviction for any alcohol related driving offence represented an unacceptable risk to the public and an application will normally be refused.

 

The Committee felt unable based on evidence before them to grant a licence. They had no medical evidence to determine the length of sobriety and were concerned about the lack of evidence of a professional support network that was in place.

LCCA/12/19-20

Local Government (Miscellaneous Provisions) Act 1976 Determination of a new application for a Private Hire Driver’s 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 6. 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 carries out the procedure before it

 

The meeting adjourned at 8.08pm for the members to consider their decision and reconvened at 8.33pm

 

The meeting was told that in reaching its decision  it 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.

 

Resolved: that the private hire drivers licence be not granted

 

Reasons for decision: The committee did not believe the applicant was a fit and proper person. Within one month of being granted a private hire drivers licence by the committee the applicant was convicted for driving 96mph in a goods vehicle restricted to 60mph. The committee deemed that to be a major traffic offence and the current taxi policy handbook for Worthing Borough Council stated that an application would normally be refused until at least five years after the conviction. The Committee were also extremely concerned that their previous expectation for the applicant to attend an anger management course had not been acted upon.