Agenda and draft 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 for Environment

To consider the report to the Licensing sub-committee and determine whether the licence holder remains a fit and proper person to hold a Council issued Hackney Carriage Driver’s Licence.

The Licensing sub-committee considered the written report and verbal presentation from the Senior Licensing Enforcement Officer, who provided members with the background history of this matter as set out in the report, including that on 26th January 2024, the licence holder was convicted for careless driving relating to an incident which took place on 7th May 2023, and was disqualified from driving until 25th January 2025. The Senior Licensing Enforcement Officer confirmed that the licence holder cannot therefore currently make use of their taxi licence.

The Senior Licensing Enforcement Officer advised the sub-committee that under the Council’s policy at paragraph 313, taxi drivers must hold a DVLA driving licence. The Senior Licensing Enforcement Officer also highlighted paragraph 506 of the policy which states that ‘Applicants who have been disqualified from driving will not normally be granted a licence unless they have held a licence for at least three years following the expiry of the period of disqualification without receiving any further penalty points’, and paragraph 474 of the policy which states that ‘These guidelines will apply equally to existing licence holders as they do to new applicants in determining suitability. Therefore, if a new applicant would be refused on the basis of their individual circumstances, a revocation would be an appropriate sanction for an existing licence holder under the exact same circumstances.’

The Senior Licensing Enforcement Officer advised members that they must take one of the steps outlined in point 12 of the report, i.e., to take no action, to suspend the license, to revoke the licence, or to revoke the licence with immediate effect in the interests of public safety, and that it is for the members to decide whether it is appropriate to depart from the policy in this case. The Senior Licensing Enforcement Officer informed members that if they decide to take no action, upon the end of the licence holder’s DVLA Driver’s Licence suspension period, they would be able to recommence working as a council-licensed taxi driver, and that their badge is due to expire on 30th March 2025.

The Senior Licensing Enforcement Officer reminded members that they are unable to review the merits of the licence holder’s conviction, and that their role is to decide whether the licence holder is a ‘fit and proper person’ to hold a Hackney Carriage driver’s licence as detailed in the Taxi and Private Hire Vehicle Standards issued by the Department of Transport, and that each case must be considered on its own merits.

The Senior Licensing Enforcement Officer informed the sub-committee that if they chose to revoke the licence holder’s licence, any subsequent application would be deemed as a new application and they would be required to complete and pass all parts of the application procedure, including the knowledge test.

The Senior Licensing Enforcement Officer also assured the sub-committee that  ...  view the full minutes text for item 6.