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Agenda and minutes

Licensing Board
Tuesday, 30th November, 2010 10.00 am

Venue: Council Chamber, Cecil Street, Margate, Kent

Contact: Sue Glover 

Items
No. Item

75.

Variation of agenda Order

Minutes:

Members agreed to take items 7 and 8 together.

76.

Apologies for Absence

Apologies have been received from Councillor Ward.

Minutes:

Apologies were received from Councillors Harker, Lawson and Ward.

 

Councillor Mrs Johnston was substitute for Councillor Harker.

77.

Declarations of Interest

To receive any declarations of interest.  Members are advised to consider the extract from the Standard Board Code of Conduct for Members, which forms part of the Declaration of Interest Form at the back of this Agenda.  If a Member declares an interest, they should complete that Form and hand it to the Officer clerking the meeting.

Minutes:

Councillor Mrs Johnston declared a personal interest in Minute No. 81 – Review of Guidelines on the Assessment of Vehicles and was not involved in the voting thereon.

78.

Minutes of Previous Meeting pdf icon PDF 50 KB

To approve the Minutes of the Licensing Board meeting held on 19 October 2010, copy attached.

Minutes:

The minutes of the Licensing Board meeting held on 19 October 2010, were approved and signed by the Chairman.

79.

Licensing Sub-Committee Minutes pdf icon PDF 52 KB

To approve the minutes of the Licensing Sub-Committee meeting held on 19 October 2010, copy attached.

Minutes:

The minutes of the Licensing Sub-Committee meeting held on 19 October 2010, were approved and signed by the Chairman.

80.

Report on Prosecutions, Appeals, Licensing Update pdf icon PDF 40 KB

Minutes:

The Board considered the report of the Licensing and Land Charges Manager upon matters arising since the last meeting on 19 October 2010.

 

Members noted the report.

81.

Review of Guidelines on the Assessment of Vehicles-Pettman pdf icon PDF 51 KB

Additional documents:

Minutes:

The Director of Regeneration Services outlined the report which is to consider a request from a private hire vehicle driver to review the Council’s Guidelines on the assessment of vehicles to be licensed as Hackney carriages or private hire vehicles.

 

The purpose of the Guideline is to ensure that legislation and the Council’s vehicle conditions are being complied with, particularly in relation to the number of passengers being carried and eating, drinking and smoking in the vehicle. It also assists the drivers all round visibility in all weather conditions, day or night which is a matter of public safety. It can also assist driver safety should there be any unruly passengers in the vehicle, assaults for example could be seen from outside the vehicle.

 

Moved by Councillor Campbell and seconded by Councillor M Roberts that:

 

to refuse the application on the grounds of public safety”

 

MOTION ADOPTED.

82.

Appeal Regarding a Decision of a Licensing Officer-Mehmet pdf icon PDF 50 KB

Additional documents:

Minutes:

TAKEN WITH ITEM 8

 

The Director of Regeneration Services outlined the reports which consider appeals from hackney carriage proprietor’s regarding the decision of a Licensing Officer to fail the visual examination on hackney carriage vehicles for non compliance with the hackney carriage vehicle conditions.

 

Moved by Councillor R Nicholson and seconded by Councillor Mrs Johnston that:

 

to defer the appeals and for the officers to review the guidelines at Clause 6 and undertake a consultation with the Hackney Carriage trade. Following this consultation, to come back to this Board with a recommendation within 3 months”

 

MOTION ADOPTED.

83.

Appeal Regarding a Decision of a Licensing Officer - Yener pdf icon PDF 50 KB

Additional documents:

Minutes:

TAKEN WITH ITEM 7

 

The Director of Regeneration Services outlined the reports which consider appeals from hackney carriage proprietor’s regarding the decision of a Licensing Officer to fail the visual examination on hackney carriage vehicles for non compliance with the hackney carriage vehicle conditions.

 

Moved by Councillor R Nicholson and seconded by Councillor Mrs Johnston that:

 

to defer the appeals and for the officers to review the guidelines at Clause 6 and undertake a consultation with the Hackney Carriage trade. Following this consultation, to come back to this Board with a recommendation within 3 months”

 

MOTION ADOPTED.

 

84.

Exclusion of Public and Press pdf icon PDF 70 KB

Minutes:

Moved by Councillor Gregory, seconded by Councillor Goodwin and resolved that the public and press be excluded from the meeting on agenda item 10 as it contains exempt information as defined in Paragraph  4 and 7 of Schedule 12A of the Local Government Act 1972 (as amended).

85.

Licence to Drive Private Hire Vehicles LIC/4624/TS

Minutes:

The Licensing Officer outlined the report to decide whether to take action to suspend or revoke this licence to drive Private Hire vehicles.

 

The representative of the Police addressed the Licensing Board.

 

The representative of the Police answered questions of the Licensing Board.

 

The respondent answered questions of the Licensing Board.

 

The representative of the Police answered questions of the respondent’s representative.

 

Moved by Councillor Mrs Russell and seconded by Councillor Grove that:

 

to take no action”

 

MOTION ADOPTED.