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 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.

To receive a report from the Corporate Director of Environment.

The Licensing Enforcement Officer informed the Sub-Committee that the licence holder had confirmed by email that they would not be attending the hearing. The officer provided Members with a copy of the email exchange between the licence holder and officer which clearly showed the date and time of the hearing and the licence holders response to the email in which they had stated that they would return their badge to the Licensing Office.

The Sub-Committee delayed the commencement of the hearing until 10.15 am to provide additional time, in case the licence holder had reconsidered their decision to attend.

Following discussions, the Sub-Committee confirmed that they were satisfied that the licence holder had been aware of the date of the hearing; and that as the licence holder had failed to provide a written submission for the Sub-Committee to consider or attend the hearing, it would not be unreasonable to determine the case in their absence.

It was proposed, and seconded, and agreed unanimously 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 Enforcement Officer presented the report and appendix of the Corporate Director of Environment, which asked the Sub-Committee to consider whether or not to revoke or suspend a licensed Dual Hackney Carriage and Private Hire Driver Licence.

The Licensing Enforcement Officerreminded Members of North Yorkshire Council’s Hackney Carriage and Private Hire Licensing Policy, which at paragraph 505 stated that applicants and licensed drivers with nine or more penalty points endorsed on their driving licence in any rolling three-year period would normally be refused or revoked and would not normally be granted a licence until at least three years had elapsed from the date of the last offence, unless there were exceptional circumstances that required a different approach.

In making their decision, Members considered the content of the report and appendix, the verbal presentation by the Licensing Enforcement Officer 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.

The Sub-Committee agreed that there was insufficient information about the motoring offences nor reasons provided for the failure to report these to the licensing authority, to persuade them that an exception to policy should be applied in this case and consequently there were no grounds for a decision which departed from the Council’s Taxi Licensing Policy.

Decision

That there were no exceptional circumstances to warrant a departure from the Taxi Licensing Policy and 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 and consequently decided unanimously to revoke the dual Hackney Carriage and Private Hire Driver Licence on the ground of any other reasonable cause under s61(1)(b) of the Act.