THE DECISION:

That Councillor R A Baker be elected Chairman for the duration of the meeting.

(Councillor R A Baker in the Chair)

Report of the Director of Law and Governance (Monitoring Officer)

The Panel considered a request from the applicant to adjourn the hearing on the basis that he would not be given a fair hearing as two of the Panel Members had sat on Panels that had refused to grant licences to the applicant in respect of previous private hire vehicle licence applications.

The Panel was satisfied that the applicant could not be prejudiced by the selection of the Panel Members as none of the Panel Members had predetermined any part of the current application.  The Panel was also satisfied that each Panel Member had attended the hearing with an open mind and that the specific circumstances of the applicant’s case would be considered on its individual merits. 

The applicant stated that one of the Panel Members had failed to declare a personal interest on account of his past relationship with the applicant.  The Panel Member informed the Panel that, as the warden of a scout centre, there was an arrangement which permitted the applicant to park his private hire vehicles in the scout centre car park.   The Panel Member informed the Panel that he had continued this relationship with the applicant until such time as the applicant decided to park his vehicles in an alternative location (approximately two years ago).  The Panel Member informed the Panel that this was the extent of his relationship with the applicant, that there were never any issues between the parties and that the relationship was amicable.  The applicant confirmed to the Panel that the Panel Member had fairly and accurately presented the facts to the Panel.  The Panel concluded that a personal interest may arise in such circumstances where a Member derives a personal or financial benefit from a decision with which they are involved.  The Panel was satisfied that the extent of the past relationship between one Panel Member and the applicant could not reasonably provide justification for adjourning the hearing.

Accordingly, the Panel rejected the applicant’s request for an adjournment and the Panel notified the applicant of the reasons. 

Following the Panel’s decision to refuse to grant an adjournment, the applicant informed the Panel that he intended to leave the hearing.  The Panel informed the applicant that the matter may be determined in his absence.  The applicant informed the Panel that he no longer wished to be in attendance and he subsequently withdrew from the hearing. 

At 9.50am the hearing was adjourned for the applicant to leave.

At 9.53am the hearing reconvened.

The Panel concluded that the hearing could proceed in the applicant’s absence as the applicant had chosen not to be present and a delay would not be in the public interest.

The subject of the decision:

The Director of Law and Governance asked the Panel to consider whether to grant or refuse an application for the renewal of a private hire vehicle licence.

Alternative options considered:

The Panel considered granting the application but concluded that the specific circumstances of the case were not sufficient to justify a departure from the  ...  view the full minutes text for item LAHP.20