Agenda and draft minutes

Licensing & Appeals Sub-Committee - Wednesday, 21st August, 2024 10.30 am

Venue: Committee Room, Town Hall, Matlock DE4 3NN. View directions

Items
No. Item

120/24

Election of a Chair

Proposal that a Member of the Sub-Committee be elected Chair.

Minutes:

It was moved by Councillor Marilyn Franks, seconded by Councillor John Bointon and

 

RESOLVED (unanimously)

 

That Councillor Peter Dobbs be elected as Chair of the Sub-Committee.

 

The Chair declared the motion CARRIED.

121/24

Interests

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

Minutes:

There were no declarations of interest.

122/24

Exclusion of Public and Press

At this point the Committee will consider excluding the public and press in order to consider its decision in private in accordance with the Hearing procedure.

Minutes:

It was moved by Councillor Marilyn Franks, seconded by Councillor John Bointon and

 

RESOLVED (unanimously)

 

That in accordance with Section 100(a) of the Local Government Act 1972, the public and press be excluded because it is likely that the nature of the business to be transacted will result in exempt information being disclosed.

 

The Chair declared this CARRIED.

 

At this point the Sub-Committee excluded the public and press because in determining the Licence, Members would need to consider personal information relating to the Licence Holder.

123/24

Review of Combined Taxi/Private Hire Vehicle Drivers Licence - Motoring Convictions

The Sub-Committee is asked to consider a review of a Combined Driver licence, as the driver has accrued 9 points on their DVLA Driving Licence, since their last licence renewal in April 2022, and determine whether the driver continues to be a fit and proper person to hold a licence.  

 

Additional documents:

Minutes:

It was reported that, in accordance with the Council’s licensing procedures, the holder of a Combined Driver Licence had been referred to the Licensing and Appeals Sub-Committee in accordance with the Council’s current Taxi and Private Hire Licensing Policy due to the number of points currently held on their driving licence.

 

The Licensing Manager explained the circumstances of the Licence Holder’s referral to the Sub-Committee. The Sub-Committee and the Licence Holder were given an opportunity to question the Licensing Manager.

 

The Licence Holder and their representative then presented their case.

 

The Sub-Committee and the Licensing Manager were given an opportunity to question the Licence Holder and their representative.

 

The Sub-Committee confirmed they had enough information to determine the matter.

124/24

Decision

Minutes:

It was moved by Councillor Marilyn Franks, seconded by Councillor John Bointon and

 

RESOLVED (unanimously)

 

That having considered all the evidence put before it, the Sub-Committee has determined that the Licence Holder is a fit and proper person to continue to hold a Combined Taxi/Private Hire Vehicle Drivers Licence. However, the Licence Holder will receive 3 Council Penalty Points for their failure to inform the Licensing Authority of the points accrued on their DVLA Driving Licence.

 

The Chair declared the motion CARRIED.

 

Reason(s) for Decision

 

The reasons for the decision are contained within the associated decision notice.