Agenda and draft minutes

Regulatory Sub-Committee - Thursday, 4th April, 2024 9.30 am

Venue: District Council Chamber - Kendal Town Hall - Kendal Town Hall, Lowther Street, Kendal, LA9 4DQ. View directions

Contact: Email: Adam.Moffatt@Westmorlandandfurness.gov.uk 

Items
No. Item

13.

Election of a Chairman

To elect a Chairman for the meeting.

Minutes:

Councillor H Irving nominated Cllr R Audland as chair for this meeting, and was seconded by Councillor T Callister.

 

A vote was taken and it was

 

RESOLVED, that Councillor R Audland be elected as Chair for this meeting.

14.

Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.

Minutes:

No apologies for absence were reported, therefore no reconstitution of Membership was required.

15.

Declaration of Interests

To receive declarations of interest by members of any interests on respect of items on this agenda, and to consider any dispensations.

 

Members may however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registerable or other interests.

Minutes:

No declarations of interest were raised.

16.

Exclusion of Press and Public

To consider whether the press and public should be excluded from the meeting during consideration of any item on the agenda.

Minutes:

Members proposed that the meeting move into Part II to consider the remainder of the items on the agenda.

 

RESOLVED, that the press and public be excluded from the meeting by virtue of paragraphs 1 and 2 of part one of schedule 12A of the Local Government Act 1972.

Part II

17.

Introductions

The Chairman will make introductions and read out the procedure for the meeting.

Minutes:

The Chair made introductions and read out the procedure for the meeting.

18.

Application for a Hackney Carriage Driver Licence Contrary to Convictions Policy

To consider an Application for a Hackney Carriage Driver Licence Contrary to Convictions Policy.

 

Note – In accordance with Section 100B(2) of the Local Government Act 1972, copies of this report are excluded from inspection by members of the public as the report contains information as described in Schedule 12A of the Act, as amended by the Local Government (Access to Information) (Variation) Order 2006, as follows:-

-        Paragraph 1 - Information relating to any individual.

-        Paragraph 2 - Information which is likely to reveal the identity of an individual.

 

Additional documents:

Minutes:

The Licensing Specialist presented the report, which related to an Application for a Hackney Carriage Drivers Licence contrary to the Convictions Policy.

 

Members were provided with full details of the application, as set out in the report.

 

Members raised a query relating to the application.

 

The applicant presented their case to Members.

 

No questions were raised by Members.

 

The Sub-Committee, supported by the Legal, Governance and Democracy Specialist (Trainee Solicitor), then withdrew at 09.39 a.m. to consider the application.

 

The meeting reconvened at 09.49 a.m.

 

The Legal, Governance and Democracy Specialist (Trainee Solicitor) communicated the Sub-Committee’s decision.­­­

 

Having heard the statements made orally by the Applicant, and based on the submitted report, and having had regard to the Statutory Standards, the Regulatory Sub-Committee:

 

RESOLVED – That the Application be granted for a Hackney Carriage Driver’s Licence.

 

The reasons for the decision of the Regulatory Sub-Committee were:

 

Upon consideration of the question of:-

Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night.

Based on the balance of probabilities, the Sub-Committee’s answer to this question was yes. The Sub-Committee noted that the two cautions were in 2018, over 5 years ago, and deemed that the Applicant was a fit and proper person.

The decision notice and the written reasons for the decision will be confirmed in writing to all parties within five working days of the meeting.