Agenda and draft minutes

Proposed by Councillor Rebecca Shoob

Seconded by Councillor Mike Blakemore and

Resolved: That Councillor Paul Thomas is Chair for the meeting.

Members of the Council should declare any interests which fall under the following categories:

a)       disclosable pecuniary interests (DPI)

b)       other significant interests (OSI)

c)       voluntary announcements of other interests

There were no declarations of interest.

To exclude the public for the following item of business on the

grounds that it is likely to disclose exempt information, as defined in

paragraph 1 & 2 of Part 1 of Schedule 12A to the Local Government Act

1972 –

‘Information relating to any individual & Information which is likely to reveal the identity of an individual.’

Proposed by Councillor Mike Blakemore

Seconded by Councillor Rebecca Shoob and

Resolved:

To exclude the public for the following item of business on the

grounds that it is likely to disclose exempt information, as defined in

paragraph 1 & 2 of Part 1 of Schedule 12A to the Local Government Act

1972 –

‘Information relating to any individual & Information which is likely to reveal the identity of an individual.’

(Voting: For 3; Against 0; Abstentions 0)

This report considers whether action should be taken against a Dual Driver’s licence following a DVLA driving ban for multiple speeding offences.

The report considers whether action should be taken against a Dual Driver’s licence following a DVLA driving ban for multiple speeding offences.

In reaching the decision, the Sub-Committee took into consideration the following:-

1.     The report presented by Briony Williamson for Council;

2.     The representations of the applicant and the character references submitted at the hearing;

3.     The provisions of the Local Government (Miscellaneous Provisions) Act 1976;

4.     The Human Rights Act 1998;

5.     Relevant case law as detailed within the Report;

6.     Folkestone and Hythe District Council’s Hackney Carriage and Private Hire policy [“the Policy”] and in particular Appendix C relating convictions and cautions.

The Licensing Sub-Committee want to look at the individual speeds recorded for each offence before determining any future decision. Therefore, need to wait until his driving licence is returned to him in April to allow access to his DVLA Licence records, based on this the recommendation below is their decision.

Proposed by Councillor Mike Blakemore

Seconded by Councillor Rebecca Shoob and

Resolved:

1.     Having considered all the evidence available to it at the hearing, the Sub-Committee were unable to determine that the driver was a ‘fit and proper person’ within the scope of the statutory provisions and that to refuse the application for renewal of his licence was consistent with the Council’s Policy.

2.  The Sub-Committee advised the applicant to take a Drivers Assessment Course before making a new application.

(Voting: For 3; Against 0; Abstentions 0) 

This report considers whether a Private Hire Driver licence should be granted.

The report considers whether a Private Hire Driver licence should be granted.

In reaching the decision, the Sub-Committee took into consideration the following:-

1.     The report presented by Briony Williamson for Council and the further information she had been provided by Kent Police;

2.     The representations of the applicant detailing the background to his convictions and his personal and family circumstances;

3.     The provisions of the Local Government (Miscellaneous Provisions) Act 1976;

4.     The Human Rights Act 1998;

5.     Relevant case law as detailed within the Report;

6.     Folkestone and Hythe District Council’s Hackney Carriage and Private Hire policy [“the Policy”] in particular Appendix C relating convictions and cautions.

The Licensing Sub-Committee based their decision on the evidence presented with their recommendation set out below.

Proposed by Councillor Rebecca Shoob

Seconded by Councillor Mike Blakemore and

Resolved: Having considered all the evidence presented at the hearing the Sub-Committee determined that the applicant was a fit-and proper person to be a licensed driver within the scope of the statutory provisions and that to grant the application was consistent with the Council’s Policy.

(Voting: For 3; Against 0; Abstentions 0)