RESOLVED that Councillor Milne be elected Chairman of the Regulatory Sub-Committee for this meeting only.

Councillor Milne took the Chair for the remainder of the meeting and round the table introductions were made.

Members may make any declarations of interest at this point but may also make them at any time during the course of the meeting.

There were no declarations of interest made at this point in the meeting.

The Following Item(s) will be dealt with in accordance with the Principles of Natural Justice adopted by the Council.

A Copy of which is attached to this agenda.

Note 1

This licensing authority will only allow licensing decisions to be taken by a minimum of three Councillors.  In the event of one member being unable to attend, their place will be substituted by another member.  In the event of this substitution taking place all parties will be informed of the change of membership at the beginning of the hearing.

The Chairman welcomed all present to the meeting. The Principles of Natural Justice were followed. Confirmation was sought that the Applicant was aware that he could have been represented at the meeting, this was affirmed.

To resolve that under Section 100 (A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting  for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information relating to an individual.

Members considered a report on the suitability of a licensee to remain a fit and proper driver. The Licensing Manager highlighted the relevant sections of the report with regards to the reason for calling the meeting and brought Members’ attention to the appendices. There were no questions from Members and so the Chairman invited the licence holder to present his response to the details of the report.

The licence holder addressed the Sub-Committee and explained the circumstances of the events detailed in the report. He assured Members there were no further issues. The Chairman questioned the licence holder in greater detail and sought clarification on some of the points he had raised.

With no further questions from the Sub-Committee, the Licensing Manager was requested to make any final comments. He reiterated the responsibility of the licence holder to uphold the code of conduct and highlighted that the Sub-Committee was asked to determine whether or not the licence holder was considered a ‘fit and proper’ person to continue to hold his licence. The Sub-Committee was aware that public safety was its paramount consideration.

The licence holder was then asked to make any final comments. He confirmed he had no further comment to make with regards to the details of the report.

The Chairman explained the Sub-Committee would leave the room to consider all information and to reach their decision.

Note:              The meeting was adjourned at 1:58pm

Note:              The meeting reconvened at 2:13pm

The Chairman confirmed the Sub-Committee had reached a decision and read aloud the decision notice. It was

RESOLVED that the licence holder be permitted to continue to hold a licence whilst receiving a strict warning regarding his future conduct and such a warning to remain on his record for a period of 12 months.