Meeting documents

Regulatory Committee (2005-2016)
Tuesday, 21st April, 2009 7.30 pm

Date:
Tuesday, 21st April, 2009
Time:
7.30 pm
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Councillors G.P. Crome (Chairman), Mrs. L.J. Brunt, M.A. Brunt†, S.N. Farrer, R. Harper, R. Miah, G.L. Norman, D.J. Pay†, J.M. Stephenson and S.T. Walsh

†Substitute Member
Min NoDescriptionResolution
Part I
61. To confirm as a correct record the Minutes of the meetings of the Committee on 4 March 2009 (adjourned) and 16 March (reconvened).
RESOLVED that the Minutes of the meeting held on 4 March, subsequently adjourned to 16 March 2009, be approved as a correct record and signed.
62 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
To receive apologies for absence and notification of any substitute Members in accordance with paragraph 3.1 of the Committee and Sub-Committee Procedure Rules contained in the Council's Constitution.

 Councillor Dr. L.R. Hack (Sub: Councillor D.J. Pay)
Councillor S.S. Banwait (Sub:
Councillor M.A. Brunt)
63 DECLARATIONS OF INTEREST
To receive any Declarations of Interest.

 Councillor Pay declared a personal interest in Minute 67 because he was acquainted with the witness referred to in Annex 6 to the report.
64 LICENSING PROCEDURES
The attached note sets out the procedure to be adopted by the Committee in considering the applications before it.

 The Committee noted the licensing procedures to be followed for the application before it, as set out in Appendix B to the agenda.
65 ANY OTHER URGENT BUSINESS
To consider any item(s) which, in the opinion of the Chairman, should be considered as a matter of urgency - Local Government Act 1972, Section 100B(4)(b).
Minute for Minute Number 65
None.
66 EXEMPT BUSINESS
RECOMMENDED that members of the Press and public be excluded from the meeting for the following items of business under Section 100A(4) of the Local Government Act 1972 on the grounds that:
 RESOLVED that the Press and public be excluded from the meeting for item 67 below under Section 100A(4) of the Local Government Act 1972, on the grounds that:

(i) it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act; and

(ii) the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
Part II(Confidential)
67 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1972 SECTION 52 - FIT & PROPER PERSON
The Committee is invited to consider whether it wishes to take any action under the provisions of the Local Government (Miscellaneous Provisions) Act 1972 in respect of the attached report.

  • (Attachment: 4)Report of the Head of Environmental Services
Minute for Minute Number 67
RESOLVED that the meeting be adjourned to a future date in order to allow the Committee an opportunity to study the additional papers tabled by Mr x at the meeting, and to receive full details of the complaints summarised in the report.
68 PRESS RELEASE
To consider whether or not to issue a Press Release in respect of the above exempt item.

 RESOLVED that no press release be issued in respect of the item considered under Minute 67 above.
8.22 pm

Minute

Min NoMinute
65None.
67The Committee considered a report concerning a history of complaints against Mr x , the holder of a hackney carriage driver licence valid until 19 July 2011. The report included a summary of all complaints, warning letters and other correspondence sent to Mr x, a recent formal statement of complaint against Mr x and the associated witness statements, and a summary of the officers' investigation into this particular incident.

The Committee was invited to determine whether Mr x was a fit and proper person to hold a licence under the provisions of the Local Government (Miscellaneous Provisions) Act 1972 section 52, and, dependent upon its findings, to decide whether it wished to take any further action.

Mr x attended the meeting, accompanied by his wife, in order to present his case and to respond to any questions.

The Chairman welcomed everyone to the meeting and explained the procedure to be followed.

Officers presented the report and explained the background to the matter. The history of complaints covered a period of more than ten years and, in view of the volume of complaints that had now accumulated, and with particular reference to witness statements made in respect of a more recent incident, Officers believed that the case should now be drawn to the Committee's attention.

The applicant's wife spoke on his behalf. She drew attention to the importance of being even-handed in weighing the evidence of complaints against the applicant and asked permission to table a file of letters written by clients in his support. The applicant also asked for a letter written by a witness to the most recent incident to be taken into account.

The Committee adjourned at 8.11 pm to deliberate in private session and reconvened at 8.30 pm.