Agenda and draft minutes

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

Decision

That Councillor Andrew Lee be elected as Chair for the duration of the meeting.

(Councillor Lee 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 X 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.

The 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 no 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 Corporate Director – Environment sought the determination by the Sub-Committee as to whether a licence holder was suitable to continue to hold a hackney carriage and private hire driver’s licence.

The applicant had appointed a solicitor to represent him but he was unavailable for the hearing.  However, the applicant stated he had since requested another representative but that person could not be in attendance today.

Members were mindful of the need to determine the matter as soon as possible whilst balancing that with ensuring the driver’s right to fair representation.  It was agreed that –

The Statutory Licensing Sub-Committee be reconvened within 21 days in order to give the driver adequate time to appoint a representative.

The Corporate Director – Environment sought determination by the Sub-Committee as to whether the licence holder was a fit and proper person to hold a hackney carriage and private hire driver’s licence.

Options available to the Sub-Committee

1.     Suspend the licence.

2.     Revoke the licence.

3.     Take no further action.

Decision

The Sub-Committee determined on the balance of probability that the Licence Holder was a fit and proper person to continue to hold a hackney carriage and private hire driver licence, and that it was appropriate, reasonable, necessary and proportionate to issue a written warning.

The Corporate Director – Environment, sought the determination by the Sub-Committee to consider whether the driver’s licence to drive both hackney carriage and private hire vehicles should be suspended, revoked or whether no action was necessary.

Options available to the Sub-Committee

1               Revoke the licence.

2               Suspend the licence for a specified period of time.

3               Issue a written warning.

4               Take no action.

Decision

The Sub-Committee determined on the balance of probability:

1.     It was fair and in accordance with the basic rules of natural justice to proceed with the determination in the absence of the Licence Holder.

2. That the Licence Holder was not a fit and proper person to continue to hold a hackney carriage and private hire driver licence, that it was appropriate, reasonable, necessary and proportionate to revoke his licence, and that it was in the interests of public safety for the revocation to have immediate effect.