Agenda and minutes

Venue: Council Chamber - Guildhall, Bath. View directions

Contact: Mark Durnford  01225 394458

Items
No. Item

72.

EMERGENCY EVACUATION PROCEDURE

The Chair will draw attention to the emergency evacuation procedure as set out under Note 5 on the previous page.

Minutes:

The Democratic Services Officer advised the meeting of the procedure.

73.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were none.

74.

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.

75.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was none.

76.

MINUTES OF PREVIOUS MEETING: 13th January 2022 pdf icon PDF 387 KB

Minutes:

These were approved as a correct record and signed by the Chairman.

77.

LICENSING PROCEDURE pdf icon PDF 166 KB

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

Additional documents:

Minutes:

The Chairman explained the procedure to be followed for the meeting and all parties stated they had read, heard and understood the procedure.

78.

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.

79.

Consideration of Fit and Proper - 22/00070/TAXI pdf icon PDF 122 KB

Additional documents:

Minutes:

Members of the Licensing Sub-Committee have had to consider whether an applicant was a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and Human Rights Act 1998, case law and the Council’s Policy.

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being of paramount importance the whole of a person’s character is relevant.

Members had to:

  • Consider the evidence presented by the licensing officers and the applicant and his representative.
  • Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
  • Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

 

Licensing Officers Report

The applicant has held a licence since 22 July 2016.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 6 January 2022.

 

This hearing and consideration was triggered by information obtained on the consideration of the application for renewal of the applicant’s Private Hire / Hackney Carriage Drivers License. 

The Licensing Officer gave his report and referred to previous concerns

The conditions attached to the grant of a combined Hackney Carriage/Private Hire Drivers licence state Should the Licence holder receive any conviction, caution or Fixed Penalty Notice for a motoring offence during the period of the Licence he/she shall within 7 days give the Council written notice of the conviction, formal caution or Fixed Penalty Notice together with providing information relating to the circumstances surrounding the offence.

 

The applicant failed to inform the Council of three speeding offences between August 2016 and November 2018.

 

In the renewal application on 17 January 2019 the application form contained a standard question Have you been convicted or cautioned for any offence (including motoring & fixed penalties) since the grant of your last licence?”.

The applicant stated ‘No’.  This was not correct and the standard DVLA check on renewal revealed the three convictions.  The licensing officers accepted the applicant’s explanation for not informing the Council of his speeding convictions was because he thought the question related to criminal and did not include motoring offences, but informed him in August 2019 that there would be a  ...  view the full minutes text for item 79.

80.

Consideration of Fit and Proper - 22/00140/TAXI pdf icon PDF 122 KB

Additional documents:

Minutes:

Members of the Licensing Sub-Committee have had to consider whether an applicant was a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and Human Rights Act 1998, case law and the Council’s Policy.

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being of paramount importance the whole of a person’s character is relevant.

Members had to:

  • Consider the evidence presented by the licensing officers and the applicant.
  • Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
  • Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

 

Licensing Officers Report

The applicant has held a licence since 18 August 2016.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 17 January 2022.

 

This hearing and consideration was triggered by information obtained on the consideration of the applicant’s application for renewal of his Private Hire / Hackney Carriage License. 

The Licensing Officer gave his report.

In the renewal application on 17 January 2019 the application form contained a standard question Have you been convicted or cautioned for any offence (including motoring & fixed penalties) since the grant of your last licence?”.

The applicant stated ‘Yes’ and gave details of three motoring offences:

 

  • a speeding offence on 15 May 2019 3 penalty points
  • two offences for using a vehicle with defective tyres on 8March 2020 3 penalty points for each offence
  • a total of 9 penalty points on his DVLA driver’s licence.

 

The conditions attached to the grant of a combined Hackney Carriage/Private

Hire Drivers licence state Should the Licence holder receive any conviction,

caution or Fixed Penalty Notice for a motoring offence during the period of the

Licence he/she shall within 7 days give the Council written notice of the

conviction, formal caution or Fixed Penalty Notice together with providing

information relating to the circumstances surrounding the offence.

 

In answer to the question, have you provided details of the convictions to the Council in accordance with the requirement in your license, the applicant stated ‘No’.

 

The applicant apologised for his failing and gave an  ...  view the full minutes text for item 80.

81.

Consideration of Fit and Proper - 22/00218/TAXI pdf icon PDF 109 KB

Additional documents:

Minutes:

Members of the Licensing Sub-Committee have had to consider whether an applicant was a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and Human Rights Act 1998, case law and the Council’s Policy.

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being of paramount importance the whole of a person’s character is relevant.

Members had to:

  • Consider the evidence presented by the licensing officers and the applicant.
  • Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
  • Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

 

Licensing Officers Report

The applicant has held a licence since 19 April 2012.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 24 January 2022.

 

This hearing and consideration was triggered by information obtained on the consideration of the applicant’s application for renewal of his Private Hire / Hackney Carriage License. 

The Licensing Officer gave his report.

The applicant has had two previous warnings for non-compliance with the requirements of his Hackney Carriage / Private Hire Licence. 

  • 5 June 2014 for failing to inform the Council of his change of address, although he advised the DVLA and insurers
  • 16 March 2016 for failing to disclose a conviction for speeding on a motorway

 

The conditions attached to the grant of a combined Hackney Carriage/Private Hire Drivers licence state Should the Licence holder receive any conviction, caution or Fixed Penalty Notice for a motoring offence during the period of the Licence he/she shall within 7 days give the Council written notice of the conviction, formal caution or Fixed Penalty Notice together with providing information relating to the circumstances surrounding the offence.

 

On the application to renew his licence on 24 January 2022, in answer to the question, the applicant answered ‘yes’, speeding on a motorway.

 

In answer to the question have you provided details of the conviction to the Council in accordance with the requirement in your license, the applicant stated ‘No’.

 

The applicant apologised for his failing and gave an explanation for his failure:

 

I remember the time when  ...  view the full minutes text for item 81.

82.

Consideration of Fit and Proper - 22/00283/TAXI pdf icon PDF 128 KB

Additional documents:

Minutes:

Members of the Licensing Sub-Committee have had to consider whether an applicant was a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and Human Rights Act 1998, case law and the Council’s Policy.

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being of paramount importance the whole of a person’s character is relevant.

Members had to:

  • Consider the evidence presented by the licensing officers and the applicant.
  • Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
  • Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

 

Licensing Officers Report

The applicant has held a licence since 2 July 2013.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 28 January 2022.

 

This hearing and consideration was triggered by information obtained on the consideration of the applicant’s application for renewal of his Private Hire / Hackney Carriage Drivers License. 

The Licensing Officer gave his report.

The applicant was given a previous warning in 2016 for non-disclosure of two speeding offences obtained in 2015.

 

In the renewal application on 28 January 2022 the application form contained a standard question Have you been convicted or cautioned for any offence (including motoring & fixed penalties) since the grant of your last licence?”.

 

The applicant stated ‘Yes’ SP30 points replaced those which had expired”.

 

The conditions attached to the grant of a combined Hackney Carriage/Private

Hire Drivers licence state Should the Licence holder receive any conviction,

caution or Fixed Penalty Notice for a motoring offence during the period of the

Licence he/she shall within 7 days give the Council written notice of the

conviction, formal caution or Fixed Penalty Notice together with providing

information relating to the circumstances surrounding the offence.

 

In answer to the question, had he informed the Council of the convictions, the applicant replied ‘No’. 

 

A DVLA check revealed two speeding offences since the grant of the last license:

 

  • a speeding offence on 8 July 2020 3 penalty points
  • a speeding offence on a motorway 17 September 2021 3 penalty points

 

The applicant had not  ...  view the full minutes text for item 82.

83.

Consideration of Fit and Proper - 22/00391/TAXI pdf icon PDF 127 KB

Additional documents:

Minutes:

Members of the Licensing Sub-Committee have had to consider whether an applicant was a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and Human Rights Act 1998, case law and the Council’s Policy.

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being of paramount importance the whole of a person’s character is relevant.

Members had to:

  • Consider the evidence presented by the licensing officers and the applicant.
  • Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
  • Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

 

Licensing Officers Report

The applicant has held a licence since 16 September 2012.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 8 February 2022.

 

This hearing and consideration was triggered by information obtained on the consideration of the applicant’s application for renewal of his Private Hire / Hackney Carriage Drivers License. 

The Licensing Officer gave his report.

The applicant was previously brought before the Licensing Sub-Committee in January 2021 for failure to follow his Hackney Carriage / Private Hire license conditions.

 

The applicant had failed on three occasions to keep the Council updated with valid insurance and MOT certificates.  The applicant accepted he was at fault, that he was a dis-organised person, took the matter seriously and would try harder.  Members accepted that neither insurance nor MOT had lapsed, but issued a formal warning to the applicant about the importance of complying with his license conditions.

 

In the renewal application on 8 February 2022 the application form contained a standard question Have you been convicted or cautioned for any offence (including motoring & fixed penalties) since the grant of your last licence?”.

 

The applicant stated ‘No’.  This was not correct.

 

A DVLA check revealed one speeding offence since the grant of the last license:

 

  • a speeding offence on 13 September 2019 3 penalty points

 

The conditions attached to the grant of a combined Hackney Carriage/Private Hire Drivers licence state Should the Licence holder receive any conviction, caution or Fixed Penalty Notice for a motoring offence during the period  ...  view the full minutes text for item 83.

84.

Consideration of Fit and Proper - 22/00496/TAXI pdf icon PDF 127 KB

Additional documents:

Minutes:

Members of the Licensing Sub-Committee have had to consider whether an applicant was a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and Human Rights Act 1998, case law and the Council’s Policy.

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being of paramount importance the whole of a person’s character is relevant.

Members had to:

  • Consider the evidence presented by the licensing officers and the applicant.
  • Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
  • Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

 

Licensing Officers Report

The applicant held a licence from 22 December 2009 to 28 February 2015 and again since 2 December 2016.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 14 February 2022.

 

This hearing and consideration was triggered by information obtained on the consideration of the applicant’s application for renewal of his Private Hire / Hackney Carriage Drivers License. 

The Licensing Officer gave his report.

The applicant has previously been referred to the Licensing Sub-Committee in December 2016 for:

  • having three speeding convictions in 2012 which he did not declare to the Council
  • being disqualified from driving on 14 November 2014 for totting up 12 penalty points on his DVLA licence, which he did not declare to the Council

In the renewal application on 14 February 2022 the application form contained a standard question Have you been convicted or cautioned for any offence (including motoring & fixed penalties) since the grant of your last licence?”.

 

The applicant stated ‘Yes’ ‘speeding’.

 

The conditions attached to the grant of a combined Hackney Carriage/Private

Hire Drivers licence state Should the Licence holder receive any conviction,

caution or Fixed Penalty Notice for a motoring offence during the period of the

Licence he/she shall within 7 days give the Council written notice of the

conviction, formal caution or Fixed Penalty Notice together with providing

information relating to the circumstances surrounding the offence.

 

The applicant stated he had reported his conviction to the Council.

 

A DVLA check revealed the applicant had been convicted  ...  view the full minutes text for item 84.

85.

Consideration of Fit and Proper - 22/00024/TAXI pdf icon PDF 127 KB

Additional documents:

Minutes:

Members of the Licensing Sub-Committee have had to consider whether an applicant was a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers licence issued by Bath and North East Somerset Council to drive in the Bath and North East Somerset area, subject to the conditions attached to the license and a satisfactory DBS check and DVLA check as appropriate.

 

In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976 s 51(1) licensing of drivers of private hire vehicles, s 59 qualifications for drivers of Hackney Carriages, s 61 suspension and revocation of drivers’ licenses, and Human Rights Act 1998, case law and the Council’s Policy.

Members reminded themselves that each case is taken on its merit, any economic impact of the decision is irrelevant and with public protection being of paramount importance the whole of a person’s character is relevant.

Members had to:

  • Consider the evidence presented by the licensing officers and the applicant.
  • Had to determine the issue of whether the applicant was a fit and proper person the hold a private hire / hackney carriage license
  • Had to take any suitable action including consideration of attaching to the grant of a licence under section 51 Local Government (Miscellaneous Provisions) Act 1976 s 51(1) such extra conditions as they consider reasonably necessary; a suspension or a decision not to renew the license under s 61.

 

Licensing Officers Report

The applicant has held a licence since 15 January 2020.  The last licence expired on 28 February 2022 and is due for renewal.  The applicant submitted an application for renewal on 2 January 2022.

 

This hearing and consideration was triggered by information obtained on the consideration of the applicant’s application for renewal of his Private Hire / Hackney Carriage License. 

The Licensing Officer gave his report.

In the renewal application on 2 January 2022 the application form contained a standard question Have you been convicted or cautioned for any offence (including motoring & fixed penalties) since the grant of your last licence?”.

 

The applicant stated ‘No’.

 

A DVLA check advised the need for a new DBS check, which showed a formal caution for a matter under the Fraud Act 2006.

 

The conditions attached to the grant of a combined Hackney Carriage/Private

Hire Drivers licence state Should the Licence holder receive any conviction,

caution or Fixed Penalty Notice for a motoring offence during the period of the

Licence he/she shall within 7 days give the Council written notice of the

conviction, formal caution or Fixed Penalty Notice together with providing

information relating to the circumstances surrounding the offence.

 

In answer to the question, have you provided details of the convictions to the Council in accordance with the requirement in your license, the applicant stated ‘No’.

 

The applicant apologised for his failing and gave an explanation for his failure:

 

I am very sorry but I was not even aware that the caution was meant to be reported to  ...  view the full minutes text for item 85.