Agenda and minutes

Licensing Regulatory Sub-Committee - Wednesday, 4 July 2018 3.30 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

Items
No. Item

LRS/8

Election of Chairman

To elect a Chairman for the meeting.

Minutes:

RESOLVED – That Councillor Tom Harvey be elected Chairman for the meeting.

LRS/9

Apologies and Reconstitution of Membership

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

Minutes:

There were no apologies and there had been no change in the membership of the Sub-Committee and, therefore, no reconstitution was necessary.

LRS/10

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/11

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 items in Part II of the Agenda.

LRS/12

Introductions

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

Minutes:

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

LRS/13

Application to Renew Hackney Carriage Licence contrary to Vehicle Age Limit Policy (Cttee Ref: LR02-18/19) pdf icon PDF 93 KB

To consider an application to renew a Hackney Carriage Licence contrary to the Vehicle Age Limit Policy.

Additional documents:

Minutes:

The Principal Food, Licensing and Safety Officer presented a report asking the Sub-Committee to consider an application for the renewal of a hackney carriage vehicle licence from Mr Carl Atkinson, a hackney carriage proprietor, prior to his current licence expiring.  If granted, the Council would be required to dispense with the current vehicle age limit policy in this instance, if deemed appropriate, as the vehicle in question was more than ten years old and was not a wheelchair accessible vehicle.  The Principal Food, Licensing and Safety Officer answered a question raised by a Member.

 

Mr Atkinson, the applicant, was supported by M/s Hayley Owen, who presented his case which was based on the submission submitted by Mr Atkinson at Appendix A to the report.  Mr Atkinson and M/s Owen responded to questions from Members and the Principal Food, Licensing and Safety Officer.

 

Note - Following a vote, the Sub-Committee, together with the Solicitor to the Council, the Principal Food, Licensing and Safety Officer, Mr Atkinson and M/s Owen, adjourned to view the vehicle at 3.45 p.m., and reconvened at 3.55 p.m.

 

M/s Owen responded to further questions raised by a Member before making a closing statement on behalf of Mr Atkinson.

 

Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public, Mr Atkinson and M/s Owen, in making its decision, pursuant to Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraph indicated:-

 

Paragraph 5 – Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

The Sub-Committee, supported by the Solicitor to the Council, then withdrew to consider the circumstances put forward and subsequently reconvened to deliver the decision.

 

Having heard the facts of the case, having had regard to the Council’s policy on vehicle age limits and having heard the representations made by Mr Atkinson and M/s Owen, the Sub-Committee had considered the circumstances put forward and

 

RESOLVED – That the Council’s age limit policy be dispensed with on this occasion and that Mr Atkinson be granted a renewal for his Hackney Carriage Vehicle Licence for a 12 month period.