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.

For the purpose of transparency with regard to item 7 Councillor Andrews declared that she knew the applicant and Councillor Grogan declared that he met the applicant at a previous hearing.

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 items 8 and 9 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 items of business at minute no 8 and 9 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 of an application for a hackney carriage licence that did not comply with the standard criteria as stated in the Council’s Hackney Carriage and Private Hire Policy.

Options available to the sub-committee

·       To grant the application for one year

·       To grant the application including additional conditions: or

·       To reject the application

Decision

To GRANT the application to licence hackney carriage vehicle number 026E for a period of twelve months, with one additional condition that the vehicle be subject to a mechanical inspection three times per year, i.e. every four months.

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

Options available to the sub-committee

·       To grant the application for one year

·       To grant the application including additional conditions; or

·       To reject the application

Decision

To GRANT the application to licence private hire vehicle number 022E for a period of twelve months, with one additional condition that the vehicle be subject to a mechanical inspection three times per year, i.e. every four months.

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

·       To conclude that the driver 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

·       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

·       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

·       To conclude that there is no evidence of any wrongdoing, in which case, it may decide to take no action.

Decision

1.    On the balance of probability, the applicant was a fit and proper person to continue to hold a hackney carriage and private hire driver licence and it was not appropriate, reasonable, necessary or proportionate to revoke or suspend the hackney carriage and private hire driver’s licence in accordance with the Local Government (Miscellaneous Provisions) Act 1976.

2.    An informal reprimand would constitute sufficient sanction to best serve the interests of the public and the sub-committee decided to issue a written warning.

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

• To conclude that the driver 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
• 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
• 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
• To conclude that there is no evidence of any wrongdoing, in which case, it may decide to take no action.

Decision

1.    On the balance of probability, the applicant was not a fit and proper person to continue to hold a hackney carriage and private hire driver licence and it was appropriate, reasonable, necessary and proportionate to SUSPEND the hackney carriage and private hire driver’s licence until 6 February 2027 in accordance with the Local Government (Miscellaneous Provisions) Act 1976. They deemed that this would constitute sufficient sanction to best serve the interests of the public.