Agenda and minutes

Licensing Sub-Committee - Tuesday, 11th April, 2023 10.30 am

Venue: Council Chamber - Civic Centre Folkestone

Contact: Sue Lewis 

Media

Items
No. Item

49.

Election of Chairman for the meeting

Additional documents:

Minutes:

Councillor Mrs Jenny Hollingsbee was appointed Chairman for the meeting.

50.

Declarations of interest

Members of the Council should declare any interests which fall under the following categories:

 

a)       disclosable pecuniary interests (DPI)

b)       other significant interests (OSI)

c)       voluntary announcements of other interests

Supporting documents:

Minutes:

There were no declarations of interest.

51.

Exclusion of the public

To exclude the public for the following item of business on the

grounds that it is likely to disclose exempt information, as defined in

paragraph 2 of Part 1 of Schedule 12A to the Local Government Act

1972

 

‘Information which is likely to reveal the identity of an individual.’

 

Additional documents:

Minutes:

Proposed by Councillor Gary Fuller

Seconded by Councillor Jim Martin and

 

Resolved:   To exclude the public for the following item of business on the grounds that it is likely to disclose exempt information, as defined in

paragraph 2 of Part 1 of Schedule 12A to the Local Government Act

1972 –

 

‘Information which is likely to reveal the identity of an individual.’

 

(Voting: For 3; Against 0; Abstentions 0)

52.

Review of Taxi Driver License

This report considers whether action should be taken against a Dual Driver’s licence following it coming to our attention that the driver has more than 7 penalty points on their DVLA licence.

Minutes:

This report considered whether action should be taken against a Dual Driver’s licence following it coming to our attention that the driver has more than 7 penalty points on their DVLA licence.

 

In determining the application the Sub-Committee has given due regard to the Council’s Hackney Carriage and Private Hire Licensing policy, the guidance produced by both the Institute of Licensing and the Local Government Association and the statutory guidance issued by the Department of Transport.

 

The Sub-Committee considered the report presented by the Licensing Specialist and the submissions made by the applicant.

 

The Sub-Committee heard from the applicant as to the circumstances.

 

Proposed by Councillor Gary Fuller

Seconded by Councillor Jim Martin and

 

Resolved: Having considered all the evidence presented at the hearing, and having considered this application on its own merits, the Sub-Committee has determined that the applicant is a ‘fit and proper person’ and may retain his licence but will receive a written warning.

 

(Voting: For 3; Against 0; Abstentions 0)

 

 

53.

Review of Taxi Driver Licence

This report considers whether action should be taken against a Dual Driver’s licence following it coming to our attention that the driver has more than 7 penalty points on their DVLA licence.

Minutes:

This report considered whether action should be taken against a Dual Driver’s licence following it coming to our attention that the driver has more than 7 penalty points on their DVLA licence.

 

In determining the application the Sub-Committee has given due regard to the Council’s Hackney Carriage and Private Hire Licensing policy, the guidance produced by both the Institute of Licensing and the Local Government Association and the statutory guidance issued by the Department of Transport.

 

The Sub-Committee considered the report presented by the Licensing Specialist and the submissions made by the applicant via his employer and letter and submissions as stated by the proprietor of the driver’s employer.

 

The Sub-Committee heard from the applicant as to the circumstances of the reasons how the points were incurred and how he has not received any points since 2021.

 

Proposed by Councillor Gary Fuller

Seconded by Councillor Jim Martin and

 

Resolved: Having considered all the evidence presented at the hearing, and having considered this application on its own merits, the Sub-Committee has determined that the applicant is a ‘fit and proper person’ to retain his licence  and the requirement on his licence that he takes and passes the Driving Assessment test at his own expense  within three  months of today, namely the 11th July 2023 and he will receive a written warning.

 

(Voting: For 3; Against 0; Abstentions 0)

 

54.

Review of Taxi Operator Licence

This report considers whether action should be taken against a Taxi Operator’s licence following it having over 12 penalty points issued against it.

Supporting documents:

Minutes:

This report considered whether action should be taken against a Taxi Operator’s licence following it having over 12 penalty points issued against it.

 

In determining the application the Sub-Committee has given due regard to the Council’s Hackney Carriage and Private Hire Licensing policy, the guidance produced by both the Institute of Licensing and the Local Government Association and the statutory guidance issued by the Department of Transport.

 

The Sub-Committee considered the report presented by the Licensing Specialist and the submissions made by the applicants.

 

The Sub-Committee heard from the applicant as to the circumstances.

 

Proposed by Councillor Gary Fuller

Seconded by Councillor Jim Martin and

 

Resolved: Having considered all the evidence presented at the hearing, and having considered this application on its own merits, the Sub-Committee has determined that the Operator is suitable to maintain their licence.  A formal warning will be issued  that will explain what can happen if any damage is not reported within a reasonable time and of their obligations as an operator. If the matter comes back before a committee  then the Company will be required to prove that they have undertaken the weekly checks they said they would and also provide a copy of their written procedure for inspection and reporting.

 

(Voting: For 3; Against 0; Abstentions 0)