Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter
\n\t\tContact: Howard Bassett, Member Services Officer \n\t\tTelephone 01392 265107 or email howard.bassett@exeter.gov.uk\n\t\t\n\t\t
\n\t\t\n\t\tItems\n\t\t\n\n\t\t\tNo.\n\t\t\tItem\n\t\t\n\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\tAPPOINTMENT OF CHAIR
\nTo appoint a Chair for the meeting.
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Minutes:
\nCouncillor Noble was appointed Chair for this\nmeeting.
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DECLARATION OF INTERESTS
\nCouncillors\nare reminded of the need to declare personal and prejudicial\ninterests, including the nature and extent of such interests, in\nrelation to business on the agenda, before any discussion takes\nplace on the item. Councillors requiring clarification should seek\nthe advice of the Monitoring Officer prior to the day of the\nmeeting.
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Minutes:
\nNo\ndeclarations of interest were made by Members.
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LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC
\nTo pass the following\nresolution:
\n\n
\n“RESOLVED\nthat,\nunder Section 100A (4) of the Local Government Act 1972, the press\nand public be excluded from the meeting for items 4 to 11 on the\ngrounds that they involve the likely disclosure of exempt\ninformation as defined in paragraph 1 of Part I of Schedule 12A of\nthe Act.”
\nMinutes:
\nRESOLVED that, under Section 100A (4) of the Local\nGovernment Act 1972, the press and public be excluded from the\nmeeting for the consideration of the following items on the grounds\nthat they involved the likely disclosure of exempt information as\ndefined in Paragraph 1 of Part I, Schedule 12A of the\nAct.
\nLOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
\n\t\t\n\t\t\n\t\t\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\tApplication for consent to trade (Mrs J.G.)
\n\nTo consider the report of\nthe Head of Environmental Health Services.
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(Report circulated\nto Members)
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Minutes:
\nThe Principal Licensing Officer presented an\napplication for a consent to street\ntrade from Mrs G for a period of twelve months in Cofton Road, Marsh Barton, Exeter, which was\ndesignated a consent street under the provisions of the Local\nGovernment Act 1982.
\n\n
Mrs G had been previously granted approval\nfrom this Sub Committee to trade in Cofton Road and she wished to continue trading\nadjacent to a pitch where consent for another food van had\npreviously been issued, although that site was currently not\noccupied. She proposed to sell fast food from a mobile catering\nvan, 10 ft by 8ft on Mondays to Fridays from 07.00 hours to 15.00\nhours.
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Mrs G did not attend the meeting.
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RESOLVED that the\nconsent be granted for a period of 12 months.
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(Report circulated\nto Members)
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LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
\n\t\t\n\t\t\n\t\t\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\tApplication for renewal of a Hackney Carriage Licence for a vehicle over 8 years old (Mr M.P.)
\n\nTo consider the report of\nthe Head of Environmental Health Services.
\n\n
(Report circulated\nto Members)
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Minutes:
\nThe Chair introduced the Sub-Committee Members\nand Officers.
\n\n
The Principal Licensing Officer\npresented an application from Mr P to renew a Hackney Carriage\nVehicle Licence in relation to a vehicle which was over 8 years\nold. The vehicle had first been registered in May 2004 and its\nlicence was due to expire on the 4 May 2009. On the licence renewal\ndate the vehicle would be 9 years, 2 months old. He wished to renew\nthe licence for a further 12 months. Mr P had written a letter in\nsupport of his application.
\n\n
Mr P attended the meeting and spoke in support\nof his application. He advised that following a previous\nindependent mechanical report, two minor details had been\nidentified. These were in respect of the number plate and the\nlighting thereof both of which had been attended to.
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The Sub Committee\nretired to make its decision in the presence of the Licensing\nSolicitor and the Member Services Officer.
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RESOLVED that the application for\nthe renewal of a Hackney Carriage Licence for a vehicle which is\nover 8 years old be approved for a period of 12 months, subject to\nthe receipt of an independent mechanical report.
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(Report\ncirculated to Members)
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Application for renewal of a hackney carriage licence for a vehicle over 8 years old (Mr B.S.)
\n\nTo consider the report of the Head of\nEnvironmental Health Services.
\n\n
(Report circulated\nto Members)
\nMinutes:
\nThe Chair introduced the Sub-Committee Members\nand Officers.
\n\n
The Principal Licensing Officer\npresented an application from Mr S to renew a Hackney Carriage\nVehicle Licence in relation to a vehicle which was over 8 years\nold. Mr S had presented the vehicle for renewal on 27 April 2009\nand the vehicle had been issued with a plate. The licence renewal\ndate was June 2009. The Principal Licensing Officer had checked the\npaperwork before the licence had been issued and discovered that\nthe Private Hire Vehicle was more than 8 years old at the time of\nrenewal. He wished to renew the licence for a further 12\nmonths.
\n\n
Mr S attended the meeting and spoke in support\nof his application. He advised that the vehicle, which averaged\nabout 13,000 miles a year and which was garaged at all times when\nnot in use, was now only used for chauffeuring purposes and that\nthe intention after a further year’s use was to use it as a\nfamily car only.
\n\n
The Sub Committee\nretired to make its decision in the presence of the Licensing\nSolicitor and the Member Services Officer.
\n\n
RESOLVED that the application for\nthe renewal of a Hackney Carriage Licence for a vehicle which is\nover 8 years old be approved for a period of 12 months, subject to\nthe receipt of an independent mechanical report.
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(Report\ncirculated to Members)
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Application for a Licence to Drive a Hackney carriage or Private Hire Vehicle (Mr D.A.)
\n\nTo consider the report of\nthe Head of Environmental Health Services.
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(Report circulated\nto Members)
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Minutes:
\nThe Chair introduced the Sub-Committee Members\nand Officers.
\n\n
The Principal Licensing Officer reported that\nMr A had applied for a licence to drive a Hackney Carriage or\nPrivate Hire Vehicle. No convictions or cautions had been declared\nbut a CRB check had shown that the Devon and Cornwall Constabulary\nheld information that in July 2007 an allegation had been made\ncalling into question whether Mr A was fit and proper.
\n\n
Mr A attended the meeting with his solicitor\nMr G Owens. Mr Owens spoke in support of the application. He\nadvised that Mr A was a British citizen and had lived in the area\nfor 10 years. Mr A had denied the allegation. The Crown Prosecution\nService had reviewed the evidence and decided that there was\ninsufficient evidence to support a prosecution. Mr Owens added that\nMr A was a happily married man with three children.
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The Principal Licensing Officer reported that\na second reference had been received and placed before the Sub\nCommittee.
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RESOLVED that the application be\ngranted.
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(Report circulated\nto Members)
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Application for a Licence to Drive a Hackney Carriage or Private Hire Vehicle (Mr M.A.)
\n\nTo consider the report of\nthe Head of Environmental Health Services.
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(Report circulated\nto Members)
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Minutes:
\nThe Chair introduced the Sub-Committee Members\nand Officers.
\n\n
The Principal Licensing Officer presented an\napplication for a licence to drive a Hackney Carriage or Private\nHire Vehicle by Mr A. A CRB check had shown that the Police held\ninformation relating to an allegation of rape. On interview by the\nPolice Mr A had stated that consensual sex had occurred after which\nhe had been asked for money. Following a review of the case by the\nCrown Prosecution Service no further action had been taken. Mr A\nhad submitted a letter explaining the circumstances of the\nincident. Mr A attended the meeting and explained further the\nbackground to the matter.
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The Sub Committee retired to make\nits decision in the presence of the Licensing Solicitor and the\nMember Services Officer.
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\nRESOLVED that the application for a\nlicence to drive a Hackney Carriage or Private Hire Vehicle be\ngranted.
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(Report circulated to Members)
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Application for a Licence to Drive a Hackney Carriage or Private Hire Vehicle (Mr Z.A.)
\n\nTo consider the report of\nthe Head of Environmental Health Services.
\n\n
(Report circulated\nto Members)
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Minutes:
\nThe Chair introduced the Sub-Committee Members\nand Officers.
\n\n
The Principal Licensing Officer\nreported that Mr A had applied for a licence to drive a Hackney\nCarriage or Private Hire Vehicle. Mr A had declared one conviction\nfor a drink drive offence on his application form. Mr A had written\na letter in support of this application.
\n\n
Mr A attended the meeting and spoke in support\nof his application. He stated that the Police had undertaken a spot\ncheck when he had been shown to be over the drink drive limit\nalthough he had believed that he was under the limit. A further\ntest some 50 minutes later had shown him to be under the limit. He\nensured that he no longer drove after he had a drink.
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The Sub Committee\nretired to make its decision in the presence of the Licensing\nSolicitor and the Member Services Officer.
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RESOLVED that the application be\ngranted subject to a warning as to his future conduct.
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(Report circulated\nto Members)
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TOWN POLICE CLAUSES ACT 1847, LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
\n\t\t\n\t\t\n\t\t\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\t\tHackney Carriage/Private Hire Licence (Mr B.B.)
\n\nTo consider the report of\nthe Head of Environmental Health Services.
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(Report circulated\nto Members)
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Minutes:
\nThe Chair introduced the Sub-Committee Members\nand Officers.
\n\n
The Principal Licensing Officer reported that\nMr B had applied for a licence to drive a Hackney Carriage or\nPrivate Hire Vehicle. A CRB check had shown that on 28 January 2008\nthe Police had received a complaint regarding Mr B from a female\nwho had stated that he had used inappropriate comments towards her\nand made her feel very uneasy, the comments being of a sexual\nnature. The Police had warned him that such behaviour was not\nacceptable. On 25 March 2008 a young lady had telephoned the\nLicensing Office complaining that she had been subjected to\ninappropriate language and behaviour by a driver who had picked her\nup at St David’s station for a journey to the University. The\ndescription had matched that of Mr B. The Principal Licensing\nOfficer also advised that he had written to Mr B in January 2004\nfollowing a verbal warning from the Police regarding an assault by\nMr B on a passenger advising him that he could face prosecution,\nsuspension or revocation of his licence if any further complaints\nwere received. Mr B had submitted a letter in which he had stated\nthat he could not recall if he had worked on 25 March 2008.
\n\n
Mr B attended the meeting. He stated that in\nthe light of the above he now only asked customers for their\ndesired destination and did not engage in any conversation. He\nreferred to past difficulties with customers who were unsure as to\ntheir destination. He operated from the St David’s Station\nrank and confirmed that he was very familiar with the City’s\ngeography having driven taxis since 1971.
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The Sub Committee\nretired to make its decision in the presence of the Licensing\nSolicitor and the Member Services Officer.
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RESOLVED that Mr B be warned that\nthe licence was at risk if any further offences were committed\nduring the life of the licence.
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(Report circulated\nto Members)
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Private Hire Licence (Mr T.B.)
\n\nTo consider the report of\nthe Head of Environmental Health Services.
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(Report circulated\nto Members)
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Minutes:
\nThe Principal\nLicensing Officer presented the case of Mr B, a dual licence\nholder, who he had seen smoking in a licensed vehicle in the car\npark behind the Civic Centre on 8 May 2009. A complaint had\nsubsequently been received from the Mayor’s chauffeur\nrelating to a driver smoking in a licensed vehicle on 10 May 2009.\nAfter checking the details of the operator it had been established\nthat the licensed vehicle belonged to Mr B. These incidents had\nbrought into question whether he was fit and proper to continue to\nhold a licence.
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Mr B did not\nattend the meeting. The Principal Licensing Officer advised that Mr\nB had been driving taxis on and off for a number of years and had\nbeen currently driving them for two to two and a half\nyears.
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RESOLVED that the application be\ndeferred.
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(Report circulated\nto Members)
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