Agenda and draft minutes

Licensing Sub-Committee - Tuesday, 30th January, 2024 7.00 pm

Venue: Council Chamber, Civic Offices, New Road, Grays, Essex, RM17 6SL.

Contact: Luke Tucker, Senior Democratic Services Officer  Email: Direct.Democracy@thurrock.gov.uk

Media

Items
No. Item

1.

Items of Urgent Business

To receive additional items that the Chair is of the opinion should be considered as a matter of urgency, in accordance with Section 100B (4) (b) of the Local Government Act 1972.

Additional documents:

Minutes:

There were no items of urgent business.

2.

Declarations of Interests

Additional documents:

Minutes:

No interests were declared.

3.

Review of a Private Hire Driver Licence

Minutes:

The Chair of the Sub-Committee advised all present of the process of the hearing. The Chair then invited the Licensing Officer to introduce the report as outlined within the agenda on pages 5 – 30.

 

Members and the Licensing Holder were provided the chance to ask questions of the Licensing Officers. There were none.

 

The Licence Holder was then given the opportunity to present his case, during which Members heard the circumstances behind the review of the private hire driver licence.

 

Members and the Licensing Officers were provided with the chance to ask questions of the Licence Holder and his representatives. There were no questions from the Licensing Officers.

 

During questions from members, the members of the Sub-Committee sort clarity relating to alcohol testing. How many tests were taken and how far apart the tests were. Two tests were taken, one at approximately 11:30pm (positive) and the second at approximately 04:15am (negative)

 

The Chair asked for the distance driven by the Licence Holder. The distance was approximately 20 yards (18.288 metres).

 

The Licencing Officers summarised their case and the policy of the Local Authority.

 

The License Holder and his representatives gave a closing statement. The representative gave a character statement of the Licence Holder. The Licence Holder stated he had no intention of driving the vehicle, just to find a safe area.

 

The Sub-Committee retired for deliberation at 19:19pm

The Sub-Committee returned at 19:31pm

 

The Legal Advisor read out the Sub-Committee decision.

 

RESOLVED:

 

1.1 (a) The Sub-Committee agree to lift the suspension and take no further action.

 

The meeting of the sub-committee is paused to allow for the next item at 19:32pm

The meeting of the sub-committee resumed at 19:36pm

 

4.

Determination of a Medical Exemption Application

Minutes:

The Chair of the Sub-Committee advised all present of the process of the hearing. The Chair then invited the Licensing Officers to introduce the report as outlined within the agenda on pages 31 – 50.

 

Members and the applicant were provided with the chance to ask questions of the Licensing Officers.

 

Councillor Liddiard asked, if a letter had been received from the GP stating the applicant had an allergy, would the Sub-Committee still have been convened to hear the application. No and the exemption would have been granted.

 

No questions were asked by the applicant.

 

The applicant/representative was then given the opportunity to present his case, during which Members heard the issues relating to the report and the applicant’s health issues.

 

Members and the Licensing Officers were provided with the chance to ask questions of the Licence Holder and his representatives. There were no questions from the Licensing Officers.

 

During questions from members, Councillor Liddiard asked if the applicant suffered from any other allergies or any other health issues. The applicant stated he has diabetes and high blood pressure.

 

The Chair asked what allergic reaction he experiences. Red eyes and itching.

 

Councillor Kent asked if there was any non-drossy medication the applicant could take, if allowed. Medication is shown to the Sub-Committee, Sub-Committee notes they are not medically trained.

 

Councillor Liddiard asks a question to the Licensing Officers. How often does a Licensing Holder need to be tested if the Sub-Committee decides to allow the application. The tests show negative, but an exemption would be reviewed at the renewal of the licence.

 

The Licencing Officers summarised their case and give an explanation of the Equality Act 2010, the impact it has on those who need to travel with guide dogs. Licencing Officers also noted a refusal tonight is not refusal forever.

 

The applicant and his representatives gave a closing statement. The representative added that the taxi company would not and did not turn away anyone who needs to travel with a guide dogs. On the day in question the controller picked up the owner and their guide dog.

 

The Sub-Committee retired for deliberation at 19:58pm

The Sub-Committee returned at 20:13pm

 

The Legal Advisor reads out the Sub-Committee decision.

 

RESOLVED:

 

1.1 (b) The Sub-Committee refuse the exemption application