Agenda and minutes

Agenda and minutes

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Contact: Jennifer Thompson, Committee and Member Services Officer  tel 01865 252275 email  DemocraticServices@oxford.gov.uk

Items
No. Item

9.

Apologies for Absence and appointment of Chair

Cllr Clarkson substituted for Cllr Humberstone.

Cllr Clarkson was elected as Chair for this meeting.

 

10.

Declarations of Interest

None.

 

11.

Minutes pdf icon PDF 359 KB

Recommendation: That the open minutes of the meeting held on 7 June 2021 be APPROVED as a true and accurate record.

Minutes:

The Sub-Committee resolved to approve the minutes of the meeting held on 7 June 2021 as a true and accurate record.

12.

Procedure to be followed at the meeting pdf icon PDF 230 KB

Guidance on the procedure to be followed was attached to the agenda.

 

Additional documents:

13.

Breach of Street Trading Conditions pdf icon PDF 267 KB

The Head of Regulatory Services & Community Safety has submitted a report asking the Sub-Committee to determine the action to take in relation to Street Trading Consents.

The Sub-Committee is asked to consider written and verbal evidence and make the determination.

Additional documents:

Minutes:

The Head of Regulatory Services and Community Safety had submitted a report asking the Sub-Committee to determine what action to take in relation to Street Trading Consents where the street trader has breached the conditions of their consents and the Street Trading Policy.

 

Mr Hall and the licensing officers joined the meeting. The Chair asked everyone to introduce themselves, and then explained the process to be followed.

 

The Licensing Officer introduced the report, outlining the main points in the report relating to three contraventions of the street trading consents:

  1. Trading outside a school (breach of peripatetic consent conditions);
  2. Trading at Pembroke Square using a vehicle not listed on the consent (breach of consent conditions);
  3. Trading at Port Meadow (trading without a valid consent).

 

Full details were included in the officer’s report and appendices.

The licensing officer also reported and read out an email in support of Mr Hall sent by his ward councillor Cllr Djafari-Marbini.

 

Mr Hall explained in his statement and in answer to questions that:

·         In relation to (1) the route was covered by his sister. He had explained the consent conditions to her, but was unsure if she knew the details of the conditions. His sister had not reported receiving visits or complaints. He had been unaware of the breaches until the licensing officers had contacted him after receiving a number of complaints.

·         In relation to (2) he was aware that the previous holder of a consent to trade at Port Meadow had left. Assuming that a valid consent still existed, albeit not in his name, he had decided to try trading there over the Easter weekend. He had then emailed the licensing team to obtain a formal consent but as he had not heard back he had not returned to Port Meadow.

·         In relation to (3) the ice-cream van listed on the consent had broken down and he had used another of his ice-cream vans to avoid losing a day’s trade.

·         Trading had been very difficult over 2020 and 2021 with the reduction in trade on his routes and a loss of most of the trade for the static pitches and events. 

 

The Licensing Officer in summing up reminded the Sub-Committee that Mr Hall had already received a formal warning from a previous Sub-Committee hearing, and reminded the Sub-Committee of the options to consider including:

  • Revocation of all four street trading consents held by Mr Hall;
  • Revocation of the two peripatetic street trading consents which were the subject of the complaints;
  • Imposing conditions;
  • Formal warning; or
  • No action

 

With no further points to make, Mr Hall and the licensing officers left the meeting while the Sub-Committee considered their decision in private session.

 

The Sub-Committee in coming to their decision noted that:

·         On (1), the breach of his consent conditions by trading at the school was serious and contravened the Councils’ street trading policy. The licensing team had not communicated these to Mr Hall immediately. Mr Hall’s explanations for the breaches were credible, although clearly these must  ...  view the full minutes text for item 13.

14.

Exempt Matters

If the Sub-Committee wishes to exclude the press and the public from the meeting during consideration of any aspects of the preceding or following agenda items it will be necessary for the Sub-Committee to pass a resolution in accordance with the provisions of Section 100A(4) of the Local Government Act 1972 specifying the grounds on which their presence could involve the likely disclosure of exempt information as described in specific paragraphs of Part 1 of Schedule 12A of the Act if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

The Sub-Committee resolved that under Section 100A(4) of the Local Government Act 1972  the press and public be excluded from the meeting for the remaining items of business on the grounds that their presence would involve the likely disclosure of exempt information as described in Paragraph 3 of  Part 1 of Schedule 12A of the Act.

 

The Sub-Committee considered matters relating to Hackney Carriage and Private Hire Vehicle licensing in private.

 

15.

Confidential Minutes

Recommendation: That the confidential minutes of the meeting held on 7 June 2021 be APPROVED as a true and accurate record.

 

Minutes:

The Sub-Committee resolved to approve the confidential minutes of the meeting held on 7 June 2021 as a true and accurate record.

16.

Application to continue to hold a licence to drive Private Hire Vehicles

The Head of Regulatory Services & Community Safety has submitted a report asking the Sub-Committee to determine a person’s suitability to continue to drive Private Hire Vehicles in the City.

The Sub-Committee is asked to consider written and verbal evidence and make the determination.

Minutes:

The Head of Regulatory Services and Community Safety had submitted a report to inform the determination of whether or not a person should continue to hold a licence to drive Private Hire Vehicles in the City.

The Sub-Committee resolved to grant the renewal of the person’s licence to drive Private Hire Vehicles in the City, and issue a final warning as to conduct.

17.

Application to continue to hold a licence to drive Private Hire Vehicles

The Head of Regulatory Services & Community Safety has submitted a report asking the Sub-Committee to determine a person’s suitability to continue to drive Private Hire Vehicles in the City.

The Sub-Committee is asked to consider written and verbal evidence and make the determination.

 

Minutes:

The Head of Regulatory Services and Community Safety had submitted a report to inform the determination of whether or not a person should continue to hold a licence to drive Private Hire Vehicles in the City.

The Sub-Committee resolved to not grant the person’s renewal application for a licence to drive Private Hire Vehicles in the City.

 

18.

Determination of suitability to hold a Hackney Carriage and Private Hire Driver Licence

The Head of Regulatory Services & Community Safety has submitted a report asking the Sub-Committee to determine a person’s suitability to continue to drive Private Hire Vehicles in the City.

The Sub-Committee is asked to consider written and verbal evidence and make the determination.

 

Minutes:

The Head of Regulatory Services and Community Safety had submitted a report to inform the determination of whether or not a person should continue to hold a licence to drive Private Hire Vehicles in the City.

The Sub-Committee resolved to revoke with immediate effect the person’s licence to drive Private Hire Vehicles in the City.

 

19.

Dates of Future Meetings

The dates of future meetings (if required) are:

 

Date

Sub-Committee

Date

Sub-Committee

06 September 2021

C

01 March 2022

C

18 October 2021

D

11 April 2022 

D

30 Nov 2021

A

 

 

17 January 2022

B

 

 

 

 

Minutes:

Noted.