Agenda and minutes

To elect a Member to act as Chair of the meeting.

Decision

That Councillor Tim Grogan be elected as Chair for the duration of the meeting.

(Councillor Grogan in the Chair)

There were no apologies for absence.

All Members are invited to declare at this point any interests they have in items appearing on this agenda, including the nature of those interests.

There were no declarations of interest.

To confirm the procedure to be followed at the meeting.

Decision

The Sub Committee agreed the procedure for the meeting as outlined by the Chair.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of item 6 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

Decision

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of the item of business at minute number 6 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act as the Panel was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

The Licensing Sub-Committee considered the report and appendices of the Corporate Director of Environment which asked Members to consider whether the licence holder was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

Members are advised to make the relevant findings of fact on the balance of probability and take one of the following options:

1. The Sub-Committee may conclude that the licence holder was not a fit and proper person to hold a licence, in which case, it should revoke the licence on the grounds of any reasonable cause.
2. The Sub-Committee may conclude that the appropriate sanction should be something less than complete revocation. For instance, a suspension may, in the opinion of the Sub-Committee, constitute sufficient sanction to best serve the interests of the public. The Sub-Committee may therefore suspend the licence for a specified period of time on the grounds of any reasonable cause.
3. The Sub-Committee may conclude that an informal reprimand would constitute sufficient sanction to best serve the interests of the public. The Sub-Committee may therefore decide to issue a written warning.
4. The Sub-Committee may conclude that there was no evidence of any wrongdoing, in which case, it may decide to take no action.

In the event of a suspension or revocation being imposed, the licence holder had a right of appeal (within 21 days) and the decision would not automatically take effect until the appeal period had lapsed or appeal proceedings had concluded.

The Sub-Committee may, however, give immediate effect to any suspension or revocation if it appeared to Members that the interests of public safety required such a course of action, and the decision would automatically take effect until the appeal period had lapsed or appeal proceedings had concluded.

Decision

Members were unanimous in their decision that the licence holder was a fit and proper person within the meaning of sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 and consequently decided not to suspend or revoke the Hackney Carriage and Private Hire Dual Drivers’ Licence.

The Licensing Sub-Committee Members considered that the licence holder’s verbal representations as to the circumstances leading to the hearing had persuaded them that an exception to policy should be made in this case. The Licensing Sub-Committee Members accepted the licence holder’s explanation, and this coupled with the facts that the licence holder was an experienced taxi driver of over 25 years, who appeared to be aware of the Licensing Authority’s policy and conditions, and against whom no complaints had been received by the Licensing Authority, the Licensing Sub-Committee Members considered this justified an exception to policy being made for the licence holder.

The Licensing Sub-Committee concluded that a final written warning should be given to the licence holder which should remain on their file for 12 months from the date of this Licensing Sub-Committee hearing.

To consider passing a resolution to return to public session.

Decision

Members voted to return to public session during consideration of the item of business at minute number 8.

The Corporate Director, Environment sought the determination by the Sub-Committee of an application for a private hire vehicle licence that did not comply with the standard criteria as stated in the Council’s Hackney Carriage and Private Hire Policy.

The options available to the Sub-Committee were

·       To grant the application for one year.

·       To grant the application including additional conditions; or

·       To reject the application.

Decision

Having considered the written and verbal reports by the Licensing Enforcement Officer and the licence holder, a physical examination of the vehicle, the Sub-Committee Members decided the vehicle, being a Seat Alhambra vehicle licence PHV 418C, was in exceptional condition and the private hire vehicle licence should be extended for a further 12 months.