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 made sure that those present were aware of the Fire Evacuation procedure.

Following apologies received from Councillor Adrian Crowther, the membership of this Sub-Committee was as follows:  Councillors George Bobbin (Chairman), Tina Booth and Roger Clark.

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. He then 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 items:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve 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:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items 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.

The Licensing Officer introduced the report which sought to consider whether Respondent A, who had accumulated a total of 13 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 is entitled to have up to 11 penalty points before being brought to the Licensing Sub-Committee.

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

·        6 points for breach of the dress code;

·        4 points for code of conduct; and

·        3 points for failure to move up the rank.

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

In response to a question from Respondent A’s representative, the Senior Lawyer explained that the allocation of penalty points for offences was dealt with by the Licensing Committee.  He also highlighted that the 4 points awarded for the code of conduct offence indicated it was a minor matter, and those points would be removed in November 2016.

Members of the Sub-Committee adjourned to make their decision.

Members of the Sub-Committee, the Senior Lawyer and the Senior Democratic Services Officer returned to the meeting and the decision, as attached as Appendix 1a to these minutes, was announced.

Resolved:

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

The Licensing Officer introduced the report which sought to consider whether Respondent B, who had accumulated a total of 21 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 is entitled to have up to 11 penalty points before being brought to the Licensing Sub-Committee.

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

·               3 points – Display of flags or other promotional material;

·               6 points – Failure to display badge in such a position as is clearly visible;

·               6 points – Failure to comply with the dress code; and

·               6 points – Failure to obey Traffic Regulations orders and directions at all times.

Respondent B was supported by their Ward Councillor, who explained the specific circumstances on the day that Respondent B received 18 of the penalty points.  Respondent B explained in detail their partner’s medical condition and urgent requirement for medication that day, their son’s autistic condition, and the reason their personal car was unavailable to use. Respondent B produced evidence in support of the circumstances which was distributed to Members.  Members noted the evidence and that penalty points had been awarded previously, over a number of years.

Members sought clarification from Respondent B on a number of issues.  Respondent B accepted responsibility for the issues and asked Members to consider the extenuating circumstances. 

Members of the Sub-committee adjourned to make their decision.

Members of the Sub-Committee, the Senior Lawyer and the Senior Democratic Services Officer returned to the meeting and the decision, as attached as 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.