The Chairman explained that the Cabinet meeting would be conducted in accordance with the Local Authorities and Police and Crime Panel (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No. 392.

In welcoming all Members, the Chairman explained which officers were in attendance.

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 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 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 an individual.

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

The Licensing Officer introduced the report which sought to consider whether the Respondent, who had accumulated a total of 12 penalty points on their Swale Driver’s Badge, was a fit and proper person to hold a Swale Hackney Carriage/Private Hire Dual Driver’s Licence.  The Licensing Officer explained that the Respondent had accumulated 12 points in July 2020 for failing to notify Swale Borough Council within 14 days, of 9 DVLA penalty points which had been imposed in September 2019 for driving without due care and attention following an incident in March 2019.

The Chairman invited the Respondent to present their case.

The Respondent explained that they were not initially aware that they had 9 DVLA points on their licence due to a miscommunication.  The Respondent stated that in 22 years service as a Hackney Carriage driver they had never had any complaints against them.

The Chairman invited Members were invited to ask questions.

In response to questions from Members, the Respondent detailed the incident that had occurred in March 2019.  The Respondent explained that their employer had informed the Council of the incident, and this was confirmed by the Licensing Officer.

In summing-up the Respondent stated that they deeply regretted the initial incident which had led to the penalty points.

Members of the Sub-Committee, the Senior Lawyer (Contentious) and the Democratic Services Officer adjourned at 10.25am to make their decision. 

Members of the Sub-Committee, the Senior Lawyer (Contentious) and the Democratic Services Officer returned to the meeting at 10.37am.  The decision is attached as Appendix I to these minutes.

Resolved:     That the Respondent’s Swale Hackney Carriage/Private Hire Dual Driver’s Licence not be suspended, but a written warning be given.