Agenda and minutes

Licensing Regulatory Sub-Committee - Tuesday, 24 April 2018 2.00 p.m.

Venue: Georgian Room, Kendal Town Hall. View directions

Contact: Committee Services 

Items
No. Item

LRS/74

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Andrew Jarvis be elected Chairman for the meeting.

LRS/75

Apologies and Reconstitution of Membership

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

Minutes:

Councillor Helen Irving having tendered an apology for absence, Councillor Rupert Audland, as Substitute Member, took her place on the Sub-Committee.

LRS/76

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

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 registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

LRS/77

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the agenda.

LRS/78

Introductions

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

Minutes:

Note – As the applicant, Mr Ateeq Ur Rehman, was not yet present, the Sub-Committee voted to adjourn the meeting until 2.10 p.m. to provide an opportunity for him to arrive. Mr Rehman was not present at the time of the reconvening.

 

Having sought reassurance from the Licensing Officer that every effort had been made to facilitate the attendance of Mr Rehman, Members felt that it was appropriate in the circumstances to continue the meeting in his absence.

 

The Chairman read out the procedure for the meeting.

LRS/79

Application to License Hackney Carriage Vehicle Contrary to Intended Use Policy (DS12 17/18) pdf icon PDF 66 KB

To consider an application to license a Hackney Carriage Vehicle contrary to the Intended Use Policy.

Additional documents:

Minutes:

The Licensing Officer presented a report which requested consideration of an application from Mr Ateeq Ur Rehman for the renewal of Hackney Carriage Vehicle Licence HCV682.

 

The applicant had stated that he intended to work outside of the administrative area of South Lakeland District Council and, as such, the application was not in line with Appendix X, “Intended use and licensing of hackney carriages”, of the Council’s Hackney Carriage and Private Hire Licensing Policy 2017. The Licensing Officer explained that this had implications from an enforcement perspective as the Council could not effectively ensure that the applicant adhered to the Terms and Conditions attached to his Hackney Carriage Vehicle Licence. Furthermore, Licensing Officers covering areas outside the geographic boundaries of South Lakeland would have no power to take enforcement action in respect of South Lakeland District Council’s hackney carriage licence conditions.

 

The Licensing Officer set out the legal implications relating to this case.

 

Note – At 2.20 p.m. the applicant, Mr Ateeq Ur Rehman, arrived.

 

Following the arrival of the applicant, the Chairman made introductions and read out the procedure for the meeting. The Licensing Officer repeated her presentation of the report and outlined the history of applications involving the applicant as set out within the report.

 

Mr Rehman explained that he had been driving under licence from South Lakeland District Council since 2013 and had always indicated within his applications that he would be working outside of South Lakeland and that this had never been raised as an issue before. He added that in those five years as a hackney carriage driver he had received no complaints.

 

In reference to the lack of a response to questions regarding the trade name, address and telephone number of the business that the vehicle would be operating under, Mr Rehman explained that this was not applicable and he had been unsure if this needed including. He reiterated that during previous applications he had not been made aware that he was required to work within the area. Mr Rehman added that he had not been late in submitting his insurance documents but that, in his opinion, this had been the result of an administrative error by the Council.

 

The Sub-Committee asked Mr Rehman why he had chosen to apply for a licence with South Lakeland District Council when he operated in West Yorkshire. He explained that he had originally intended to move to the area, and had no issue with working within South Lakeland if required.

 

In response to a further question, Mr Rehman indicated that he understood why the Council’s policy was in place but reiterated that had he been made aware of the policy during the process of his application in 2017 then he would have been happy to work within South Lakeland.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the applicant, in making its decision, pursuant to Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information)  ...  view the full minutes text for item LRS/79