Agenda and draft minutes

Apologies were received from Councillors R Morris, N Smith, A C Saffell, S Gillard and J Hoult

Under the Code of Conduct members are reminded that in declaring interests you should make clear the nature of that interest and whether it is a disclosable pecuniary interest, registerable interest or other interest.

There were no declarations of interest.

To confirm the minutes of the meeting held on 2 November  2022.

The minutes of the meeting held on the 2 November 2022 were considered.

It was moved by Councillor V Richichi, seconded by Councillor J Simmons and

RESOLVED THAT:

The minutes of the meeting held on the 2 November 2022 were an accurate record of proceedings.

The report of the Environmental Health Team Manager.

The Environmental Health Team Manager presented the report and highlighted that the aim of the penalty points scheme would be as a means of managing a licence holder’s behaviour during the term of the licence.

It was noted that the purpose of the scheme would be to provide more consistency and transparency to refer a licence holder to a sub committee.

A member enquired why it was a rolling 36 month period and officers advised that this had been a scheme contained with the best practice code and that this had not been altered. It was confirmed that it would be possible to adopt a different scheme although officers expressed a preference to utilise the scheme that had been devised by the Department of Transport.

A member asked if it was correct that the licence couldn’t be revoked unless it was referred to the sub committee but officers clarified that the points scheme would not supersede the ability for a licensing officer to make a decision under the delegated authority which they currently hold. It was confirmed that should a serious allegation be made against a licence holder, the team would not cause an undue delay by convening a sub committee. If there had been sufficient evidence provided in support of serious allegations, the matter would be dealt with quickly in order that there would be no public safety risk and a suspension or revocation would be enacted with immediate effect.

A member requested clarification as to whether the driver could appeal the awarding of points and also whether, should a driver be brought before the sub committee as they had attained the maximum trigger of 12 points, should the licence committee decide not to revoke the licence, would the points then be wiped out or reduced. Officers advised that it would be an individual decision to allocate points and that there would be a process by which the licence holder could appeal. With regards to the 12 points, officers advised that a licensing sub committee could decide upon the licence holder’s fitness to retain their licence despite them having 12 points. Other available options would be to keep the 12 points on the licence or to reduce it. A member highlighted that this would lead to a duality in the purpose of the licensing committee: firstly, to consider appeals whereby an officer decision led to revocation of the licence and secondly to consider revocation of the licence when the points total had been reached.

A member expressed apprehension that officers’ advice concerning a licence holder being many points over the trigger compared with a few points over would leave the licensing sub committee with “less room to move” and suggested that this sounded like guidance to how the sub committee should reach their decision, when this should be based on the principal of someone being a fit and proper person. Officers responded that a higher points tariff would be indicative of ongoing poor conduct over a period of time  ...  view the full minutes text for item 12.