Agenda and minutes

The Democratic Services Officer read out the procedure.

Councillor Gabriel Batt sent his apologies, Councillor Anthony Clarke was his substitute.  Councillor Roger Symonds sent his apologies, Councillor Ian Gilchrist was his substitute.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

Councillor Ian Gilchrist declared an interest in item 12, Minute Number 67 - Mr PLT as a member of a local speedwatch patrol but it was not a pecuniary interest and he remained in the meeting.

There was none.

RESOLVED that the minutes of the 1st October 2013 and 15th October 2013 be confirmed as a correct record and be signed by the Chair(person).

RESOLVED "that, having been satisfied that the public interest would be better served by not disclosing relevant information, in accordance with the provisions of Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item(s) of business because of the likely disclosure of exempt information as defined in paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the Act, as amended."

RESOLVED that the procedure for this part of the meeting be noted.

The Sub-Committee considered the report which sought determination of an application by Mr LGEN for the grant of a combined hackney carriage/private hire driver's licence

Mr LGEN was present.  He confirmed he had read and understood the procedure.

The Licensing Officer presented the report and stated that as part of the application process a Disclosure and Barring Service check was undertaken which had revealed previous convictions.  He circulated the Disclosure and Barring Service check, personal statement and reference for Mr LGEN.  The applicant and Licensing Officer withdrew from the meeting while Members took some time to consider these documents.

Mr LGEN put his case and was questioned.  Then he made a closing statement. 

Following an adjournment it was

RESOLVED that a hackney carriage/private hire driver's licence be granted in respect of Mr LGEN, subject to the standard terms and conditions.

Reasons for decision

Members have had to determine an application for a combined licence to drive hackney carriages and private hire vehicles.  In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.  Members had to consider whether the applicant was a fit and proper person and asked themselves whether they would allow their son, daughter, spouse, partner of any one they cared about to travel alone in a vehicle driven by the applicant.

In making a determination Members took account of the applicant’s oral representations, written reference, statement and balanced these against the information provided by the Disclosure and Barring Service which showed the applicant had a number of previous convictions.  Members found the applicant presented himself honestly and had accepted he had made mistakes in his youth but that he had put his behaviour behind him.  Members considered that as the offences were historic and fell outside of the Council’s policy the applicant was a fit and proper person to hold a combined PHV/Hackney carriage licence.

The Sub-Committee deliberated on the report which sought consideration of a caution obtained by Mr PD during the term of his hackney carriage/private hire driver's licence.  The caution had not been disclosed to the Licensing section as required by the standard conditions.

Mr PD was present.  He confirmed he had read and understood the procedure.

The Licensing Officer presented the report and stated that on renewal of the licence, part of the process was a Disclosure and Barring Service check which had revealed a caution.  He circulated the Disclosure and Barring Service check and personal statement.  Mr PD and the officer withdrew from the meeting while Members took some time to consider these documents.

Mr PD put his case and was questioned.  The Licensing Officer noted that there had been no complaints from members of the public in respect of Mr PD.  Then Mr PD made a closing statement.

Following an adjournment it was

RESOLVED that 4 penalty points be issued on the hackney carriage/private hire driver's licence of Mr PD.

Reasons for decision

Members have had to determine whether to take any action against the licensee having obtained a caution during the duration of his licence, which he had failed to declare in accordance with the standard conditions attached to his combined hackney carriage and private hire driver’s licence. 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.  In the circumstances Members resolved to endorse his licence with 4 penalty points, warned as to his future conduct and reminded him of his obligation to declare any such matters in accordance with the terms of his licence. 

The Sub-Committee deliberated on the report which sought consideration of a caution obtained by Mr RK during the term of his hackney carriage/private hire driver's licence.

Mr RK was present with his friend Mr BH, Chair of Bath Taxis Association.  He confirmed he had read and understood the procedure.

The Licensing Officer presented the report and stated that Mr RK had informed the Licensing section that he had been cautioned.  The Licensing Officer circulated a letter and the caution and informed Members that he had not received any complaints from members of the public in respect of Mr RK.  The Licensee, his friend and the Licensing Officer withdrew from the meeting while Members took some time to consider these documents.

Mr RK put his case and was questioned, Mr BH also spoke, then Mr RK made a closing statement.

Following an adjournment it was

RESOLVED that Mr RK be issued with a warning as to his future conduct as a hackney carriage/private hire driver.

Reasons for decision

Members have had to determine whether to take any action against the licensee having obtained a caution during the duration of his licence.  In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.  Members heard that the licensee had buckled under a stressful situation which led him to make serious errors of judgement.  Whilst taking a very dim view of the offences Members found it admirable that he was the one who alerted the police to his offending and therefore gave him full credit for making a full and frank confession and reparation.  In the circumstances Members therefore resolved to warn him as to his future conduct.

The Sub-Committee deliberated on the report which sought consideration of a caution obtained by Mr RM during the term of his hackney carriage/private hire driver's licence.

Mr RM was not present.  The Licensing Officer stated that the licensee was not driving at the moment and had informed the Licensing section that he was on a funded course learning to drive larger vehicles which took place on Tuesdays.

Following an adjournment it was

RESOLVED that the case in respect of Mr RM be deferred until a meeting in January.

The Sub-Committee deliberated on the report which sought consideration of a conviction obtained by Mr PLT during the term of his hackney carriage/private hire driver's licence. 

Mr PLT was present.  He confirmed he had read and understood the procedure.

The Licensing Officer presented the report and stated that Mr PLT had informed the Licensing section he had a conviction.  He circulated a copy of the letters and the Licensee and Licensing Officer withdrew from the meeting while Members took some time to consider these documents.  A Member noted that in his letter Mr PLT referred to another issue of speeding.  The Legal Adviser stated that this should not be considered as it was a minor traffic offence and would not normally be put before the Sub-Committee on renewal.

Councillor Ian Gilchrist declared an interest as he was a Member of another local speedwatch patrol but stated that it was not pecuniary and he would remain in the meeting.

Mr PLT put his case setting out the circumstance of both offences.  He stated with regard to the speeding matter he was off duty at the time and was fined £145 and given 3 points on his licence.  He stated these were the first points he had received in 30 years.  Mr PLT stated with regard to the theft he had found a wallet on the floor of a petrol station and had put it in his car.  When subsequently waiting at traffic lights he noticed it contained £270 cash, credit cards and personal details.  Rather than returning to the garage and handing it in, however, he chose to discard it together with its content in a nearby lane.  When asked why he had not handed it in, Mr PLT replied he did not know, stating only that he had cooperated with police in the area having been identified as its finder from the garage CCTV system.  Mr PLT produced a leaflet relating to the Passenger Service Vehicle (PSV) Licensing process which he wanted Members to take account of.  The Legal Adviser stated PSV Licensing was a separate process and that that process was irrelevant to the matter before them.  Members were therefore directed to the law, guidance and policy on Taxi Licensing contained in their papers.  Mr PLT made reference to a letter received from the Licensing Officer which he did not produce and drew Members attention to an additional previously undisclosed offence.  The Legal Adviser stated that Members must consider whether Mr PLT continued to be a fit and proper person on the information contained in the papers and the Licensee’s representations on those papers namely the conviction for theft by finding and speeding.  Nevertheless Mr PLT went on to discuss this further conviction.  The Legal Adviser advised Mr PLT that the Members had not hitherto been made aware of this conviction and stated that Members should disregard this as it had been dealt with previously and was not for consideration at this meeting.  Mr PLT then made a closing  ...  view the full minutes text for item 67.