Agenda and minutes

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

Councillor Lucy Hodge had sent her apologies to the Sub-Committee. Councillor Sarah Moore was present as her substitute for the duration of the meeting.

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 meeting held on 29^th June 2023 and they were duly signed by the Chairman.

The driver that was present confirmed that he had received and understood the licensing procedure.

The Chairman referenced the procedure and stated that the driver would be given a fair amount of time to make a statement and give his evidence to the Sub-Committee.

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 explained that they were being asked to determine the diver’s fitness to be able to continue to hold a combined Hackney Carriage/Private Hire Driver’s licence.

The driver addressed the Sub-Committee and informed them that he had already begun treatment for his condition and that he was due to have an appointment with a consultant in the following week.

He stated that losing weight could also help his condition and that he was hopeful that the consultant would recommend a weight loss programme for him to follow.

The Chairman, on behalf of the Sub-Committee, commended the driver for his part in this process and for the steps he has taken when contacting both the Licensing Department and the DVLA.

The driver said that he took pride in the work that he does and when fit he hopes to be able to carry on for as long as possible.

The Chairman asked if he had given all the evidence that he had wished to the Sub-Committee.

The driver replied that he had.

Decision and Reasons

Members have had to consider whether or not the licensee is fit and proper to continue to hold a combined Hackney Carriage/Private Hire Driver’s Licence in light of the disclosure of a medical condition. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law, Council’s Policy, conditions and the linked DVLA guidance.

At the Licensing Sub-Committee Meeting, Members considered a supplementary document which had been provided by the Licensee. That comprised a letter from the DVLA dated 6th July which related to the revocation of his DVLA licence and the circumstances in which he can re-apply.

Members reminded themselves that each case is considered on its own merits and regarding medical fitness the Licensee must meet the higher standard of medical fitness for Group 2 (Vocational) drivers.

Members heard that the Licensee had disclosed to the Licensing Authority that he has a diagnosis of obstructive sleep apnoea which has been classed as severe and that he would need to stop driving with immediate effect. He had returned his driving licence and badges to the Licensing Department on 13th June 2023.

Members noted that it is a condition of the Licensee’s Combined Hackney Carriage/Private Hire Driver’s licence that where a licensee is rendered unfit to meet Group 2 Vocational Driver standards set by the DVLA their licence is revoked with immediate effect on public safety grounds.

Members further noted however that the DVLA process allows for suspension from driving and a reinstatement of a licence, providing the Licensee can demonstrate that the condition is controlled, sleepiness is improved, and he adheres to treatment.

Members gave credit to the Licensee for ceasing to drive voluntarily before the DVLA formally revoked his licence. They commend him for the way he has dealt with his condition and his responsibilities in dealing with the DVLA and Licensing Department and note  ...  view the full minutes text for item 16.