Agenda and draft minutes

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.

There were no apologies for absence.

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 at this point in the meeting.

The following item 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 and the Legal Representative outlined the procedure for the hearing to those present.

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 item of business on the grounds that it involves 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.

Prior to the presentation of the report, the Chairman invited the person attending the hearing as support for the licence holder to introduce themselves. They explained they were a long-time friend and customer of the licence holder.

Note:              Councillor J. Rainsforth declared that she had prior awareness of the person attending in support, in a previous professional capacity only, they had had no recent contact nor had there ever been any discussion in any capacity regarding the licence holder or the case to be heard.

The licence holder explained they had brought with them a selection of hand-written letters of support from customers and wished for them to be considered by the Sub-Committee.

Note:              The meeting adjourned at 10.38am for the Legal Adviser to review the contents of the letter. The meeting reconvened at 10.40am.

The Legal Adviser requested the Democratic and Civic Officer to take copies of all letters and these would be presented to Members during their considerations once the case had been heard. The licence holder confirmed they were satisfied with this.

Note:              The person attending in support of the licence holder was called away from the meeting and left at 10.45am

The Senior Licensing and Community Safety Officer presented the report to Members, summarising the possible actions open to the Sub-Committee. It was confirmed that CCTV footage had been viewed by Members prior to the commencement of the meeting, the licence holder had also previously been shown the footage. On enquiring whether Members or the licence holder wished to view the footage again, all present confirmed they were satisfied with all having viewed it already.

The Senior Licensing and Community Safety Officer reiterated the purpose of the report and meeting of the Sub-Committee was to consider whether the licence holder passed the ‘Fit and Proper Person test’, the measure of that being whether the Sub-Committee Members would happily allow a loved-one to travel in the vehicle with the licence holder.

The licence holder was invited to pose questions to the Senior Licensing and Community Safety Officer, there were none. Members of the Sub-Committee were invited to pose questions to the Senior Licensing and Community Safety Officer, again there were none.

The licence holder was invited by the Chairman to present their case. Members heard details of their personal circumstances and the licence holder expressed remorse for their actions. At the conclusion of their submission, Members were invited to pose questions. There was discussion amongst all present regarding the details of the case. The Senior Licensing and Community Safety Officer was invited to pose questions and there was further discussion.

Members of the Sub-Committee, the Senior Licensing and Community Safety Officer and the licence holder were invited to make any further comment. With no comments, the Chairman explained Members would retire from the room for their deliberations and return to read the decision notice.

Note:              The meeting adjourned at 11.24am for Members to deliberate, with each Member of the Sub-Committee being provided with a copy of the  ...  view the full minutes text for item 6.