The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

The Chairman will inform the meeting that:

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park. Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and

(b) the lifts must not be used in the event of an evacuation.

Any officers present at the meeting will aid with the evacuation.

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

The Chairman ensured that those present were aware of the emergency evacuation procedure.

The Chairman welcomed everyone to the meeting and outlined the procedure that would be followed.

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

No interests were declared.

To decide whether to pass the resolution set out below in respect of the following item:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 7.

1.    Information relating to any individual.

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

7.     Information relation to any action in connection with the prevention,  investigation or prosecution of crime.

Resolved:

(1) That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1, 2, and 7 of Part 1 of Schedule 12A of the Act:

1. Information relating to any individual.

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

7.  Information relating to any action taken in connection with the prevention, investigation or prosecution of crime.

The Licensing Officer advised that just prior to the meeting he had spoken to the Hackney Carriage operator that Respondent A had been working for, and they had advised that Respondent A was no longer working as a Hackney Carriage and Private Hire driver, but as a driver for a takeaway company.  The Licensing Sub-Committee agreed to consider the case In the absence of Respondent A.

The Licensing Officer introduced the report which sought to consider whether Respondent A, who had accumulated a total of 12 penalty points on their Swale Driving Badge was a fit and proper person to hold a Taxi Driver’s badge.  The Licensing Officer explained that a licensed driver was entitled to have up to 11 points, and as soon as they reached 12 or more points, the driver would be brought to the Licensing Sub-Committee for a review of their licence.

The Licensing Officer reported that Respondent A had accumulated 12 penalty points for non-compliance with the dress code.  He further reported that Respondent A had failed to declare 3 penalty points for exceeding the statutory speed limit on a public road.  The Licensing Officer explained that Respondent A would have automatically received 6 points on their Swale Driver’s badge for this offence.

Members of the Sub-Committee adjourned to make their decision at 10.49am.  Members of the Sub-Committee, the Senior Lawyer and Democratic Services Officer returned to make their decision at 11.27am, when the meeting was re-convened.

The decision, as set out at Appendix 1a to these minutes was announced.

Resolved:  That Respondent A’s Hackney Carriage Driver’s Licence be suspended for a period of one month. 

To decide whether to pass the resolution set out below in respect of the following item:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2.

1.    Information relating to any individual.

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

Resolved:

(1) That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act:

1. Information relating to any individual.

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

The Licensing Officer introduced the report which sought to consider whether Respondent B, who had accumulated a total of 22 penalty points on their Swale Driving Badge, was a fit and proper person to hold a Taxi Driver’s badge.  The Licensing Officer explained that a licensed driver was entitled to have up to 11 penalty points, and as soon as they reached 12 or more points, the driver would be brought to the Licensing Sub-Committee for a review of their licence.

The Licensing Officer detailed the incidents at which Respondent B had accumulated penalty points:

·        6 points for not displaying driver’s badge;

·        6 points for breach of the dress code;

·        4 points for not displaying the internal licence plate; and

·        6 points for smoking in a licensed vehicle.

In response to a question from Respondent B’s representative, the Licensing Officer confirmed that it was the responsibility of the driver to ensure that internal licence plates were fixed permanently to the inside and outside of the vehicle.  This was to ensure the safety of customers.

The Chairman asked Respondent A to present his case and Members asked questions.  Respondent A outlined the circumstances of each of the occasions penalty points had been awarded.

There was some discussion about the internal licence plate and Respondent B’s representative stated that they believed it had been stolen.  He added that within the London taxi vehicles when the sun visa was pulled down even the customers could not see the internal licence plant, so that may explain why Respondent B had not realised it was not there.

In response to a question from the Licensing Officer, Respondent B stated that they were aware of the importance of wearing their driver’s badge and also being dressed correctly.

Members of the Sub-Committee adjourned to make their decision at 11.55am.  Members of the Sub-Committee, the Senior Lawyer and Democratic Services Officer returned at 12.18pm, when the meeting was re-convened.

The decision, as set out at Appendix 1b to these minutes was announced.

Resolved:  That Respondent B’s Hackney Carriage Driver’s Licence not be suspended and a formal warning be given.