Agenda and minutes

The Democratic Services Officer advised the meeting of the procedure.

There were none.

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.

There were none.

There was none.

The Chair will, if required, explain the procedure.

The Chair drew attention to the procedure to be followed for the two taxi hearings.

The Committee is asked to consider passing the following resolution:

“the 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 next two items of business and the reporting of this part 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 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, RESOLVED that the public shall be excluded from the meeting for the next two items of business and that the reporting of this part 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 license holder was not present and had not communicated any explanation for his failure to attend the hearing.

Members RESOLVED to proceed with the hearing in his absence.

The Senior Public Protection Officer presented the report. As part of the three-yearly program of checks a letter had been sent to the license holder in January 2018 requesting him to submit a valid DBS certificate. The licence holder had failed to respond to this letter and to subsequent letters sent to his last known address.

The Sub-Committee RESOLVED that:

1.  in the absence of a valid DBS certificate it was not possible to establish that the licence holder remained a fit and proper person to hold a combined Hackney Carriage/Private Hire driver’s licence;

2.  the failure of the licence holder to comply with the reasonable requests of delegated officer also called into question his status as a fit and proper person;

3.  therefore the licence holder’s licence should be revoked.

Reasons

Members have had to determine whether or not the licensee continues to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence having failed to provide a copy of the Disclosure and Barring Service Certificate as required and having failed to comply with two reasonable requests to do so. In reaching their decision members had regard to the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

Members were satisfied the notice of hearing and report pack had been sent to the licensee’s last known address. Members were satisfied that the licensee had been sent letters in January and July 2018 advising of the obligation to provide a DBS check and warning that failure to comply would result in a referral to the Licensing Sub Committee. The licensee had not attended the committee and the Senior Public Protection Officer confirmed there had been no contact from the licensee regarding the DBS or committee hearing. In all the circumstances Members were satisfied it was in the interests of public protection to determine this matter in absence given the licensee had been given reasonable notice of the hearing and had not provided a reason to defer the matter.

Members had regard to the contents of the report, annexes and noted the licensee made no written representations, had not contacted the office or attended the hearing.

Members noted:

  i.  The licencee was first licensed in December 2005 and the current licence issued on 20 August 2018 subject to “a satisfactory DBS Check”.

  ii.  The Council’s Policy on Hackney Carriage and Private Hire Licensing Standards States; “that all holders of a combined Hackney Carriage/Private Hire drivers licences will be subject to an Enhanced Disclosure & Barring Service check every three years from the date of the first licence issued”. In line with this, the licensee was sent a letter to his last known address in January 2018 advising that a DBS check was due and that an appointment should be made for  ...  view the full minutes text for item 15.

The applicant confirmed that he understood the procedure to be followed for the hearing.

The Senior Public Protection Officer presented the report and provided Members with a copy of a DBS certificate relating to the applicant and a written statement submitted by him. The hearing was adjourned to allow Members time to study these documents.

After the adjournment the applicant stated his case and was questioned by Members.

After a further adjournment the Sub-Committee RESOLVED that the applicant was a fit and proper person to hold a combined Private Hire/Hackney Carriage Driver’s Licence.

Reasons

Members have had to determine an application for a combined Hackney Carriage/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.

The applicant stated the last offence was 17 years ago and he is a changed person since then and having been a licensed driver in Bristol and South Gloucestershire. When the recession hit the trade dropped off so he retrained as an electrician. At present he needed flexibility to juggle work with caring for his elderly parents which the taxi trade would provide.

Members noted the convictions fall outside the policy although disclose a propensity towards dishonesty and offences against the person. Members were uncomfortable with the applicant’s presentation and his demeanour before them which at times was challenging and had to be satisfied that their friends and loved ones would be safe and secure in a vehicle alone being driven by the applicant. In view of the policy and all the circumstances, however, Members gave the applicant the benefit of the doubt and grant the licence with a warning that in the event of any future misconduct the matter will be referred to the committee for determination.