Agenda and draft minutes

The Democratic Services Officer drew attention to the Emergency Evacuation Procedure.

Councillor George Tomlin was present for the duration of the meeting as a substitute for Councillor Toby Simon.

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

(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 4.4 Appendix 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 Officer or a member of his staff before the meeting to expedite dealing with the item during the meeting.

There were none.

There was none.

The Chair referenced the procedure that would be followed during the course of the meeting.

Those that were present confirmed that they had received and understood the licensing procedure.

The Sub-Committee is asked to consider passing the following resolution:

“the Sub-Committee 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, RESOLVES that the public shall be excluded from the meeting for the following item(s) of business and the reporting of the meeting be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.   

The members of the Sub-Committee agreed that they were 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.

It was RESOLVED that the public be excluded from the meeting for the following items of business and the reporting of the meeting be prevented under Section 100A(5A), because of the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Act, as amended.

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He stated that they were being asked to determine whether a licensee remains fit and proper to hold their combined Hackney Carriage/Private Hire Driver’s licence.

The licensee said that the reason for the late notification for his most recent offence was that the letter notifying him of the incident had been sent to him whilst he was out of the country.

He added that other previous faults regarding his licence had been either minor or as a result of a misunderstanding.

Councillor George Tomlin asked the licensee if he was aware that having 3 or more minor motoring offences during the previous three years was a breach of the Council’s policy.

The licensee replied that he was not aware of this.

He stated that his licence was his livelihood and needed to be able to drive to support his family.

The Chair asked the licensee why he had broken the speed limit on numerous occasions.

The licensee replied that he mainly worked within Bristol and that his offences had occurred in Bath where he had found it difficult to control his speed whilst driving on hills. He added that he has never intended to drive at speed on purpose and now drives more carefully when in Bath.

The Chair asked how old his vehicle was.

The licensee replied that it was a 2018 model.

The Chair said that if that was the case he should be able to put a speed limiter in place on the vehicle.

The licensee replied that whilst the vehicle had been serviced this feature had been activated, but had somehow now turned off and he did not know how to put it back on.

The Chair stated that it was the licensee’s responsibility to know the policy of the Council and asked him what measures he will put in place to make sure that he completes all of his statutory paperwork on time.

The licensee said that he would make sure that he renews his MOT and insurance well in advance of the deadlines. He added that for his most recent MOT his vehicle had been booked 2-3 weeks ahead of renewal, but the vehicle had failed and that the following appointment could only be made after the renewal deadline had passed.

The Chair said that it was important to inform the Licensing department as soon as you realise that there are any problems.

The licensee gave a summing up statement to the Sub-Committee. He said that whilst holding his licence he had received no complaints from the public and that he was in no way a threat to them. He stated that in his view the previous faults were minor and as a result of misunderstandings.

Councillor Ann Morgan asked the licensee if he was aware of the severity of his offences / actions now.

The licensee replied that he was.

Decision & Reasons

Members have had to consider whether or not the Licensee  ...  view the full minutes text for item 73.

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He stated that they were being asked to determine whether a licensee remains fit and proper to hold their combined Hackney Carriage/Private Hire Driver’s licence.

He explained that there was an error on the Stop Notice within the agenda pack as that had indicated that a spare wheel was in the vehicle at the time of the inspection and there was not one present.

The licensee stated that the item that had been found within his vehicle was a gardening tool that he had purchased from B&Q. He said that it had been a genuine mistake that he had left the item in his vehicle whilst working. He explained to the Sub-Committee that he used the tool to chop down shrubbage near areas where he goes fishing and that he had offered to show the Police evidence of this if required.

He said that the tool is stored in a separate storage compartment within his boot and had totally forgot that it was in the vehicle. He added that this was an action that he regrets.

The licensee informed the Sub-Committee that he had received no complaints from members of the public since becoming a driver in 2016 and could supply a character reference if required from his employer.

The licensee addressed the Sub-Committee regarding the evening that his vehicle was stopped by a Taxi Licensing Police Officer in July 2024 and the subsequent breaches of his licence and conditions.

The licensee said that his missing vehicle roof sign, Combined Hackney Carriage/Private Hire driver’s ID badges, interior comment plate, “No Smoking” signs, fire extinguisher, spare light bulbs and spare wheel were not within or on his vehicle when it had been stopped for inspection as the vehicle had been valeted and that the items that should have been in the vehicle had been removed prior to that.

He added that in his opinion the licence plates were in place and were clearly visible. He said that he had not been told that the licence plate for the rear of the vehicle could not be displayed in the window. He stated that when the vehicle was reinspected everything was fine.

Councillor George Tomlin asked the licensee when had the vehicle been valeted prior to it being stopped for an inspection.

The licensee replied that this had been one day before the inspection and accepted that all items should have been replaced.

Councillor Tomlin asked the licensee why he did not have his personal ID badge on him at the time the vehicle had been stopped for inspection.

The licensee replied that he could not explain this. He said that he understood the importance for all ID to be worn and displayed and accepted that these were his mistakes. He added that he had been calm when questioned at the inspection and that no charges had been brought against him.

The Chair stated that vehicle signage and ID need to  ...  view the full minutes text for item 74.