Minutes

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.

There were no declarations of interest.

Decision

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

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 numbers 6, 7, 8 and 10 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 Corporate Director – Environment asked the sub-committee to consider whether the applicant’s licence to drive both hackney carriage and private hire vehicles should be suspended, revoked or no action was necessary.

Options available to the sub-committee

i.                To conclude that the driver is 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.

ii.              To 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.

iii.             To 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.

iv.             To conclude that there is 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 driver has a right of appeal (within 21 days) and the decision would not automatically take effect until the appeal period has lapsed or appeal proceedings had concluded.

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

Decision

The applicant was no longer a fit and proper person to hold a hackney carriage and private hire driver’s licence, and it was in the interests of public safety to revoke the licence with immediate effect.

The Corporate Director – Environment asked the sub-committee to consider whether the applicant’s licence to drive both hackney carriage and private hire vehicles should be suspended, revoked or no action was necessary.

Options available to the sub-committee

i.                To conclude that the driver is 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.

ii.              To 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.

iii.             To 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.

iv.             To conclude that there is 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 driver has a right of appeal (within 21 days) and the decision would not automatically take effect until the appeal period has lapsed or appeal proceedings had concluded.

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

Decision

The applicant was no longer a fit and proper person to hold a hackney carriage and private hire driver’s licence, and it was in the interests of public safety to revoke the licence with immediate effect.

The Corporate Director – Environment asked the sub-committee to consider whether the applicants licence to operate private hire vehicles should be suspended, revoked or no action was necessary.

Options available to the sub-committee

i.       To conclude that the operator is 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.

ii.     To 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.

iii.    To 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.

iv.    To conclude that there is 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 operator has a right of appeal (within 21 days) and the decision would not automatically take effect until the appeal period has lapsed or appeal proceedings had concluded

Decision

The applicants were no longer fit and proper people to hold a private hire operator’s licence, and it was in the interests of public safety to revoke the licence with immediate effect.

Application withdrawn by the applicants.