Waverley Borough Council Committee System - Committee Document
Meeting of the Licensing (General Purposes) Sub-Committee held on 14/02/2006
Procedure for Hearing Applications - Hackney Carriage/Private Hire Driver and Operator Licences
PROCEDURE FOR HEARING APPLICATIONS
HACKNEY CARRIAGE/PRIVATE HIRE DRIVER AND OPERATOR LICENCES
: Consideration of the Exempt report may not commence until the applicant is present (unless the applicant has indicated that he/she will not be attending) and members of the Committee must refrain from discussing the report before this point.
1. The Licensing Officer will bring the applicant into the meeting and introduce him/her to the Committee, together with any representative who may be present.
2. The Chairman will introduce the Committee and the applicant and then ask the applicant to confirm that he/she has received a copy of the relevant Exempt report and understands the content of the report. The applicant may ask for any points in the report to be clarified, or may challenge the report or ask to make a statement. If the applicant wishes to make a statement, it may be at this stage or at the end of Stage 7.
3. The Chairman will explain to the applicant the procedure for the interview, as follows.
4. The Chairman and members of the Committee may ask the applicant about the report in front of them. The Committee may also refer to the officers, should there be any points they wish to have explained.
5. Questions asked of the applicant will be proportionate and relevant to the application made and may not be unnecessarily intrusive (Human Rights Act 2000 will apply). The Solicitor present may intervene if the questioning exceeds reasonable limits. If appropriate and/or necessary, the officers may also ask questions of the applicant.
6. The applicant will respond to the questions asked in his/her own words and to the best of his/her ability (unless he/she has asked a representative to speak on his/her behalf).
7. The applicant may ask questions of the Committee and/or the officers or make a statement (see 2 above).
8. When the Committee has finished discussing the application with the applicant and the officers (the hearing), the Chairman will ask the applicant if there is anything else he/she wants to say.
9. Then all participants apart from the Committee members and their Committee Secretary will be asked to retire from the room while the Committee considers in recess what it has heard and comes to its decision. (Note: The Committee may call officers – usually the Solicitor – back if any further advice is required during its deliberations. Any such advice given to the Committee at this stage will be explained and repeated in the presence of all of the parties. The applicant (or representative) has an opportunity to comment on this before the Committee makes its final deliberation. If comment is made, a further recess may be needed by the Committee. The Solicitor or adviser will inform the Committee whether the advice already given has varied in response to the comment by anyone.)
10. When the Committee has reached its decision, and the Committee Secretary has made a note of the decision and any reasons/extra conditions required, the other participants will be recalled to the meeting to be informed of the Committee’s decision.
11. Following the meeting, the applicant will receive a formal written confirmation of the Committee decision if necessary within a very short period (usually within the next two days), together with information on how to appeal against the decision, if appropriate, or will be contacted to further and finalise the application for a licence.