Visitors and members of the public who are unfamiliar with the building and procedures are advised that:

(a)      The fire alarm is a continuous loud ringing. In the event that a fire drill is planned during the meeting, the Chair will advise of this.

(b)      Exit routes from the chamber are located on each side of the room, one directly to a fire escape, the other to the stairs opposite the lifts.

(c)      In the event of the alarm sounding, leave the building via the nearest safe exit and gather at the assembly point on the far side of the car park. Do not leave the assembly point or re-enter the building until advised to do so. Do not use the lifts.

(d)      Anyone unable to use the stairs should make themselves known during this agenda item.

The Chair outlined the emergency evacuation procedure.

The Chair opened the meeting and asked those present to introduce themselves.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves, their families or friends.

The Chair will ask Members if they have any disclosable pecuniary interests (DPIs) or disclosable non-pecuniary interests (DNPIs) to declare in respect of items on the agenda. Members with a DPI in an item must leave the room for that item and may not participate in the debate or vote. 

Aside from disclosable interests, where a fair-minded and informed observer would think there was a real possibility that a Member might be biased or predetermined on an item, the Member should declare this and leave the room while that item is considered.

Members who are in any doubt about interests, bias or predetermination should contact the monitoring officer for advice prior to 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 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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 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 Team Leader introduced the report which sought to consider whether the Respondent, who had accumulated a total of 12 Swale penalty points on their Swale Borough Council (SBC) Dual Hackney Carriage/Private Hire Drivers Licence and 21 Swale penalty points on a licensed hackney carriage of which they were the proprietor was a ‘fit and proper person’ for the purposes of the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 and in particular whether any further enforcement action should be taken in respect of either licence.

The Licensing Team Leader detailed the incidents at which the Respondent had accumulated the 12 SBC penalty points which were:

·         12 points – Any other transgression not contained within the penalty points system which in the opinion of an authorised officer should have penalty points imposed.  In this case giving false information to an authorised officer.

The Licensing Team Leader also detailed the incidents at which the Respondent had accumulated the 21 SBC penalty points as detailed on page 43 of the report and listed below:

·         12 points – Proprietor employing an unlicensed driver; and

·         9 points – Failure of a proprietor to hold and produce a hackney carriage driver’s licence.

The Respondent and representative presented their case. 

The Chair invited the Sub-Committee to ask questions.  The legal advisor was also invited to ask questions.

In response to a query from a Member, the Licensing Team Leader outlined the process for applying for a SBC Hackney Carriage Licence during the Covid-19 Pandemic.

The Chair invited the Respondent to summarise their closing remarks.

Members of the Sub-Committee adjourned at 11.35 am to make their decision.

Members of the Sub-Committee, the Lawyer (Contentious) and the Democratic Services Officer returned to the meeting at 12.54 pm and the decision was announced. 

Resolved:

(1)       That the Respondent’s SBC Dual Hackney Carriage/Private Hire Drivers Licence be suspended until they had undertaken the relevant training.  The penalty points imposed to remain in accordance with the Council’s policy.

(2)      That no further action be taken in respect of the Respondent’s licensed hackney carriage.  The penalty points imposed to remain in accordance with the Council’s policy.