Agenda and draft minutes

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Contact: Mark Durnford  01225 394458

Items
No. Item

60.

WELCOME & INTRODUCTIONS

Minutes:

The Chair welcomed those present to the meeting and introduced the other

members of the Sub-Committee and the officers in attendance.

61.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were none.

62.

DECLARATIONS OF INTEREST

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.

Minutes:

There were none.

63.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

64.

MINUTES OF PREVIOUS MEETINGS: 10TH DECEMBER 2020 & 22ND DECEMBER 2020 pdf icon PDF 211 KB

Additional documents:

Minutes:

The Sub-Committee approved the minutes of 10th December 2020 and 22nd December 2020 as a correct record.

65.

LICENSING PROCEDURE pdf icon PDF 82 KB

The Chair will, if required, explain the licensing procedure.

Additional documents:

Minutes:

The Chair explained the procedure for the meeting to all parties who were present.

 

The parties confirmed that they understood the procedure to be followed for the

hearing.

66.

EXCLUSION OF THE PUBLIC

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.   

Minutes:

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. They RESOLVED that the public should 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.

67.

Consideration of Fit and Proper - 2000194TAXI pdf icon PDF 125 KB

Additional documents:

Minutes:

The Lead Licensing Officer presented the report to the Sub-Committee. He

explained that the report invited the Members to consider whether the driver before them remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence issued by this authority.

 

He stated that the Sub-Committee is asked to consider the matter, determine the issue and take any action it may consider suitable after hearing any representation from the driver or any representative acting on their behalf.

 

He informed them that the driver currently holds a combined Hackney Carriage/Private Hire drivers licence issued by this authority with an expiry date of 28th February 2023.

 

He explained that it is a condition of the Private Hire Vehicle licence that the proprietor keep the Council updated with a valid insurance and MOT certificate and provide consecutive certificates within seven working days of expiry of the previous certificate.

 

He stated that the driver had breached this condition on three separate occasions which is why he had been referred to the Licensing Sub-Committee.

 

He informed them that there have been no complaints from members of the public relating to the driver’s conduct since the grant of his first licence.

 

The driver addressed the Sub-Committee. He said that he realised how serious the breaches of conditions were and apologised. He explained that in 2018 his wife had collapsed and that she remains unwell and that had obviously caused him a great deal of worry and stress and to a degree has affected him mentally.

 

He stated that he is a five-star rated Uber driver and is proud to work in the city of Bath. He explained that he felt he only had to provide his insurance and MOT documents to Uber so that he would be able to continue to drive.

 

Councillor Sally Davis asked if he would be able to make sure that he complied with all future deadlines.

 

The driver replied that he would and agreed with a suggestion from Councillor Steve Hedges to have them all written down in a safe and memorable place.

 

The Chair commented that it was the responsibility of the Council alongside the Sub-Committee to make sure that all vehicles are safe for the public to use and that all drivers remain fit and proper in their role.

 

The driver replied that he was 100% trustworthy and definitely did not want to appear in front of the Sub-Committee again. He added that he was a safe driver and always treated customers with respect.

 

Decision and Reasons

 

Members have had to consider whether a licensee remains fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence having failed to keep the Council updated with a valid insurance and MOT certificate and provide consecutive certificates within seven working days of expiry of the previous certificate in respect of his vehicle licence. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

 

Members reminded  ...  view the full minutes text for item 67.

68.

Consideration of Fit and Proper - 1900708TAXI pdf icon PDF 125 KB

Additional documents:

Minutes:

The Lead Licensing Officer presented the report to the Sub-Committee. He

explained that the report invited the Members to consider whether the driver before them remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence issued by this authority.

 

He stated that the Sub-Committee is asked to consider the matter, determine the issue and take any action it may consider suitable after hearing any representation from the driver or any representative acting on their behalf.

 

He informed them that the driver currently holds a combined Hackney Carriage/Private Hire drivers licence issued by this authority with an expiry date of 28th February 2022.

 

He explained that it is a condition of the Private Hire Vehicle licence that the proprietor keep the Council updated with a valid insurance and MOT certificate and provide consecutive certificates within seven working days of expiry of the previous certificate.

 

He stated that the driver had breached this condition on three separate occasions which is why he had been referred to the Licensing Sub-Committee.

 

He informed them that there have been no complaints from members of the public relating to the driver’s conduct since the grant of his first licence.

 

The driver addressed the Sub-Committee. He acknowledged the facts that had been presented to them and said this was because he was in general a disorganised person.

 

He stated that at no point had his insurance or MOT expired and that in his ten years as a taxi driver he had never received any complaints.

 

Councillor Steve Hedges said that he was concerned at the length of time it had taken for the previous documents to be submitted and asked how he could be sure of compliance in the future.

 

The driver replied that on the first two occasions he had been confused over the dates regarding the submission of the MOT and insurance documents and on the third occasion this had coincided with the birth of his son. He added that he would really try his best to comply from now on.

 

Councillor Sally Davis commented that he should consider setting himself a reminder either by using an app or a calendar entry on his phone.

 

The driver said that the appearance before the Sub-Committee has shown him how serious the issue is and that he really will try to do better.

 

The Chair asked him if he understood that the submission of his required documents was of equal importance as being a good driver.

 

The driver replied that he did and that he understood the consequences if it were to happen again. He added that the documents had been given to his operating company as he knew that if they were not in place with them, he would not receive any work. He said that he will be more responsible in the future.

 

Decision and Reasons

 

Members have had to consider whether a licensee remains fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence having failed to keep the  ...  view the full minutes text for item 68.