Agenda and minutes

The Democratic Services Officer drew attention to the Emergency Evacuation 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.

(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 Sub-Committee RESOLVED to approve the minutes for the meetings held on 1^st December 2022 and 6^th December 2022 and they were duly signed by the Chairman.

The Chairman referenced the procedure for each of the applications before the Sub-Committee and stated that all parties would be given an equal opportunity to make their representations and give evidence.

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 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 Lead Officer, Licensing introduced the report to the Sub-Committee. He explained that they were being asked to determine whether a driver remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence.

He outlined the key points from the report.

Councillor Steve Hedges asked for confirmation that it is an illegal act to drive without an MOT.

The Lead Officer, Licensing replied that if a vehicle does not have an MOT it can only be driven to a scheduled MOT appointment in order for it to then pass the subsequent test.

The driver confirmed that the content of the report presented was correct and said that he was willing to accept any punishment that the Sub-Committee might impose on him.

The Chairman asked if he could explain the nature of the 110 mile journey referenced in the report.

The driver replied that this was for his own personal purpose.

The Team Leader, Legal Services asked the driver if he could explain why following the service on 11th May 2022 he did not seek to replace all four tyres having been informed that they only showed 2mm of tread (the legal limit for tyre tread is 1.6mm). She added that when the tyres were finally replaced on the 7th September 2022 a total of 2,701 miles had been travelled on these old tyres.

The driver replied that he had not fully checked the paperwork following the service. He said that he was not working as a taxi driver at this time and was only driving the vehicle for personal use.

He explained that he was then on holiday for a period of time and on his return was when the vehicle failed the MOT and repairs were then carried out.

The Chairman said that even if he was not carrying fare paying passengers at the time the vehicle was a potential danger to the public due to its condition.

The driver apologised and said that he had no intention to harm anyone. He added that there were ongoing family issues at this time.

The Lead Officer, Licensing commented that daily / weekly checks of the vehicle could have prevented it from becoming in such poor condition.

The driver apologised once again. He added that he recognised that it had been the wrong thing to do in lying to the Licensing team with regard to the 110 mile journey.

The Team Leader, Legal Services asked the driver if he could tell the Sub-Committee why he should remain considered as fit and proper to hold his licence.

The driver replied that these events had taught him a big lesson and that this would never happen again.

The Chairman asked the driver if he felt he had given the Sub-Committee as much information as he could regarding his case.

The driver replied that he had.

Decision and Reasons

Members have had to consider whether or not the licensee is a fit and proper person to continue to hold his combined Hackney  ...  view the full minutes text for item 97.

The Lead Officer, Licensing introduced the report to the Sub-Committee. He explained that they were being asked to determine whether a driver remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence.

He outlined the key points from the report.

The Chairman asked if there had been any actual gaps in the driver’s insurance cover for his vehicle.

The Lead Officer, Licensing replied that the vehicle had always been appropriately insured and said that the driver had failed to provide documentation in the required time to the Licensing team.

Councillor Steve Hedges asked for confirmation that the driver had had only one previous complaint made against him.

The Lead Officer, Licensing replied that this was correct.

The driver addressed the Sub-Committee. He said that since having his licence in 2014 he had always been on time with his insurance and MOT and was very sorry for not following the process of informing the Licensing team within the correct timescales.

He also apologised for not informing them of his previous penalty points and was aware of the importance of doing so in the future.

He referred to the previous complaint made against him and stated that in his opinion he had not been aggressive and had not used any inappropriate language. He explained that when he arrived to pick up the family that it became apparent that his vehicle could not carry all the passengers, including the new-born baby.

He said that he had offered to take at least one adult and the baby home on one trip and return to collect the remaining members. He informed the Sub-Committee that the potential passengers were not happy with his offer.

The Chairman stated that the lack of compliance with the process was a concern as the safety of the public must be ensured. He asked if the driver had anything further to say regarding his case to the Sub-Committee.

The driver replied that all of his documentation was in place and that he now recognises the need to comply and send this information on time to the Licensing team.

Decision and Reasons

Members have had to consider whether or not the licensee is a fit and proper person to continue to hold his combined Hackney Carriage/Private Hire Driver’s licence in the light of failures to comply with the conditions of his Private Hire Vehicle Licence relating to insurance and MOT certificates. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy.

Members heard from the licensee in oral representations who accepted that he had failed in his administrative responsibilities regarding his MOT and insurance licence conditions but indicated that he always had the insurance cover and valid MOT in place since he was first licenced in 2014. He was not trying to hide anything regarding his speeding conviction and noted that would have been disclosed on the DBS check in any event. He gave his  ...  view the full minutes text for item 98.

The Lead Officer, Licensing introduced the report to the Sub-Committee. He explained that they were being asked to determine whether a driver remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence.

He outlined the key points from the report.

The driver, who was accompanied by his son, said that he acknowledged the dates relating to the MOT and insurance documentation, but believed they had been submitted in good time as his granddaughter had been helping him as he does struggle with some aspects of technology.

The Chairman asked if the required documentation had been received by the Licensing Team.

The Lead Officer, Licensing replied that it had not. He added that all email correspondence is retained and kept in their own separate sub-folders.

Councillor Karen Warrington said that although he was receiving some help to complete this process it is ultimately his responsibility to make sure that documents are sent in and on time.

The driver acknowledged that.

Councillor Steve Hedges asked how would he ensure that this does not happen again in the future.

The driver replied that he would ask his granddaughter to continue to help him. His son added that the second driver of the vehicle would also be asked to help in the process of supplying the documentation to the Licensing team.

The Chairman asked if it was possible to hand the documents to someone in person.

The Lead Officer, Licensing replied that yes there was a site in Bath where drivers could meet officers in person. He stated though that this was strictly by appointment only.

The Chairman asked if failing to report his speeding conviction to the Licensing team was an oversight.

The driver replied that it was.

The Chairman said that with there being a history of non-compliance the Sub-Committee would need to have confidence that things will change as the safety of the public is very important.

The driver’s son replied and said that others, including family members will take more of an active role in the process to help his dad. He added that until the hearing today he had possibly not realised the severity of the situation.

The Chairman asked if there was anything further that they wished to say as part of their case.

The driver replied that there was not.

Decision and Reasons

Members have had to consider whether or not the licensee is a fit and proper person to continue to hold his combined Hackney Carriage/Private Hire Driver’s licence in the light of failures to comply with the conditions of his Private Hire Vehicle Licence relating to insurance and MOT certificates. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy.

Members heard from the licensee who was supported by his son in making oral representations. He acknowledged that he was not good with technology and needed assistance with submitting his documentation online. He acknowledged that there had been  ...  view the full minutes text for item 99.