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Resolution to exclude the public and the press The Monitoring Officer has determined that categories 1 & 2 of the Access to Information Procedure Rules applies to the following items. His view on the public interest test (having taken account of the provisions of Rule 14.18 of the Council's Access to Information Rules) was that to make this information public would disclose information relating to:
(i) information relating to any individual
(ii) information which is likely to reveal the identity of an individual.
These factors in his view outweigh the public interest in disclosing this information. Members are asked to consider these factors when determining the public interest test, which they must decide when considering excluding the public from this part of the meeting.
Minutes: RESOLVED that in accordance with Section 100(a)(4) of the Local Government Act 1972 the public and press were excluded from the meeting on the grounds that there would be disclosure to them of exempt information under Paragraphs 12 and 18 of Schedule 12a Part 7 of the above Act in respect of the following item[s].
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Application for a hackney carriage and private hire vehicle licence |
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Sub-Committee procedures PDF 59 KB To receive introductions from the Chair and an explanation of the Sub-Committee’s procedures from the Clerk to the Sub-Committee [Principal Solicitor]. Minutes: The Chair introduced the Sub-Committee and its Clerk.
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Application for a vehicle licence - VL/01/22 To consider an application for a Hackney Carriage and Private Hire Vehicle Licence. Additional documents:
Minutes: Applicant – VL/01/22
The Licensing Officer presented the licensing authority’s position as outlined in the report [copy filed with the signed minutes].
The Sub-Committee noted the Council’s policy that a vehicle first presented for licensing must be less than six years old (from date of first registration). In response to a question the Licensing Officer advised that each application should be judged on an individual basis and that if the Sub-Committee was minded to approve this application it would not be setting a precedent. The Licensing Officer advised that registration of vehicles older than six years at first registration could be allowed if the vehicle was in exceptional condition. He advised that as required under the policy the vehicle had been inspected by an inspector approved by the Licensing Authority at the applicant’s expense. In addition, the vehicle had passed an MOT test. The Sub-Committee noted the exceptional condition and low mileage of the vehicle.
In response to a question regarding the duty of care to passengers the Solicitor advised that where councillors make a proper reasoned decision, they would not be liable in a court of law if anything should happen as a result of the decision. The Licensing Officer in response to a question regarding how the change in policy in 2018 was communicated to licence holders, he advised that he was not able to confirm that a paper copy of the new policy was posted to licence holders who did not use emails. He also advised that the rule change would have been referred to in the annual newsletter to licence holders.
The applicant advised that this was an oversight and he recalled a 10 year age rule for vehicles. The Licensing Officer advised the Sub-Committee that this rule related to school transport.
The Sub-Committee withdrew to consider, in private, the application and the evidence they had heard, with the support of the Clerk.
On their return the Chair announced their decision. In reaching the decision members took into account the relevant written and verbal representations.
The Sub-Committee suggested that officers consider issuing the newsletter to the trade more frequently and that reminders about policies are included in these.
The Chair thanked all for attending.
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