Agenda and draft minutes

Licensing Board - Tuesday, 14th February, 2023 10.00 am

Venue: Council Chamber, Council Offices, Cecil Street, Margate, Kent

Contact: Steven Matthews 

Link: This meeting will be live streamed

Media

Items
No. Item

6.

Apologies for Absence

    Minutes:

    Apologies were received from the following Members:

     

    Councillor Scobie;

    Councillor Dennis;

    Councillor Ara;

    Councillor Shrubb.

7.

Declarations of Interest pdf icon PDF 113 KB

    To receive any declarations of interest.  Members are advised to consider the advice contained within the Declaration of Interest advice attached to this Agenda.  If a Member declares an interest, they should complete the Declaration of Interest Form 

     

    Minutes:

    There were no declarations of interest.

8.

Minutes of Previous Meeting pdf icon PDF 54 KB

    To approve the Minutes of the Licensing Board meeting held on 22/11/2022, copy attached.

    Minutes:

    The Board agreed that the item be deferred to the next meeting. This was in order to ascertain whether the Board decision made regarding the confidential item on the “Licence to Drive Private Hire Vehicles” that was considered on 22 November 2022 can be published in public.

9.

Exclusion of Public and Press

    Minutes:

    Councillor Wing proposed, Councillor Rogers seconded and the board agreed that the public and press be excluded from the meeting on agenda item 5 as it contains exempt information as defined in Paragraph  7 of Schedule 12A of the Local Government Act 1972 (as amended).

10.

License to Drive Private Hire Vehicles

Minutes:

Mr Joseph Kitenge, the Council’s Legal Officer explained the procedures for conducting the hearing.

 

Alison Stocker, Senior Licensing Officer introduced the report and presented the case to the Board.

 

The Applicant had no questions of the Senior Licensing Officer.

 

Members asked questions of the Senior Licensing Officer.

 

The Applicant addressed the Board.

 

The Senior Licensing Officer asked questions of the Applicant.

 

Members asked questions of the Applicant.

 

10.23hrs

The Applicant, the Applicant’s representative and Senior Licensing Officer were asked to leave the Council Chamber as the Board went into private deliberation.

 

10.46hrs

The Applicant, The Applicant’s representative and Senior Licensing Officer returned to the Council Chamber.

 

The Legal Officer then read out the Board decision which was as follows:

 

Upon considering whether or not to take any action regarding the licence granted to the Applicant to drive Private Hire Vehicles and having considered the documentation and representations made by:

 

1. The Senior Licensing Officer;

2. The Applicant.

 

As part of the decision, the Board considered that it was necessary to communicate to the Applicant that the behaviour that led to the complaint against them was unacceptable and raised legitimate concerns as to whether they were a fit and proper person to hold a licence and posed a risk to the safety of the public when considering TDC Licensing Policy and the LGMPA 1976.

 

In light of the above considerations it was the decision of the Licensing Board to:

 

Revoke the licence to drive private hire vehicles granted to the Applicant on the grounds of public interest and safety. The Applicant can reapply after one year on the conditions that they provide:

·  Evidence of a full British driving licence;

·  Evidence of passing a theory test and evidence of an advanced driving course.

Any such application must be made to the Licensing Board for consideration.