Agenda and draft minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, ME10 3HT. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

38.

Notification of Chairman and Outline of Procedure

Minutes:

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

 

39.

Declarations of Interest

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 meeting 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.

 

Minutes:

No interests were declared.

40.

Exclusion of Press and Public

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.

 

Minutes:

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.

 

41.

Review of Hackney Carriage Drivers Licence

Minutes:

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 Private Hire Operator’s licence, was a fit and proper person to continue as an operator.

 

The Licensing Officer detailed the incidents at which the Respondent had accumulated 12 penalty points, as below:

 

·         Twelve points – employing an unlicensed driver in breach of section 47 of the Town Police Clauses Act 1847.

 

The Chairman asked the Respondent to present their case, and they were asked questions.  The Respondent explained that normally their computer system would have picked up that a taxi driver’s licence was not up-to-date.  The Respondent added that monthly checks would help to prevent this being missed going forward.

 

Members of the Licensing Sub-Committee, the Contentious Team Leader and the Democratic Services Officer adjourned at 3.42 pm to make their decision.

 

Members of the Sub-Committee, the Contentious Team Leader and the Democratic Services Officer returned to the meeting at 4.01 pm and the decision, attached as Appendix I to these minutes, was announced.

 

Resolved:     That the Respondent’s Swale Private Hire Operator’s Licence not be suspended, but a warning be given.

 

Appendix I for minutes pdf icon PDF 58 KB