Agenda and minutes

To elect a Member to act as Chair of the meeting

The 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.

Councillors are invited to declare at this point any disclosable pecuniary 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.

The 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 4 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.

To receive a report from the Corporate Director of Environment.

It was noted that the licence holder concerned was not present for the meeting. Following discussions with the Area Licensing Manager, the Sub-Committee were in agreement that it was in the public’s interest to proceed with the hearing in the absence of the licence holder.  It was proposed, and seconded, and unanimously resolved that the case be determined in the absence of the licence holder.

Resolved:

To consider the case in the absence of the licence holder.

The Licensing Sub-Committee considered the content of the report of the Corporate Director of Environment for the review of a Hackney Carriage and Private Hire Drivers Licence, the verbal presentations by the Area Licensing Manager on behalf of the licensing authority, the relevant legislation and case law, the Council’s Taxi Licensing Policy and the statutory Taxi and Private Hire Vehicle Standards issued by the Department of Transport, a written representation from the licence holder; and further information provided by the Area Licensing Manager to members prior to the hearing. 

Resolved:

Unanimously that the licence holder was not a fit and proper person within the meaning of sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976, therefore the Hackney Carriage and Private Hire Driver Licence be REVOKED with immediate effect in the interest of public safety on the grounds of any other reasonable cause under the provisions of Section 61(1)(b) of the Act. 

The licence holder had a right of appeal to the York Magistrates Court against the decision.  The right of appeal must be exercised within 21 days of the receipt of notification, in writing, of the decision made at this hearing.