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 Chair referenced the procedure and stated that the driver would be given a fair amount of time to make a statement and give their 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.

Councillor Steve Hedges asked the licensee to confirm that he had attended an alcohol awareness course as prescribed as part of the caution he had received.

The licensee confirmed that he had.

Councillor Hedges explained to the licensee that the Sub-Committee were considering deferring the hearing as they would like further information from his GP in relation to his alcohol use and medical fitness to meet Group 2 DVLA driving standards.

Councillor Toby Simon asked when the last time was that the licensee had discussed this matter with his GP.

The licensee replied that this would have been on 18^th August. He added that he was aware of a private test that could be taken to show the levels of his alcohol intake. He informed the Sub-Committee that this was called a CDT (Carbohydrate Deficient Transferrin) test and that it was recognised by the DVLA with regard to their Group 2 driving standards. He stated that he has not had an alcoholic drink in the past 8 weeks.

The licensee stated that he had a perfectly clean driving licence and has received no complaints against him whilst holding his combined Hackney Carriage/Private Hire Driver’s Licence.

Councillor Steve Hedges asked the licensee if he thought that he had a problem with alcohol.

The licensee replied that he did not.

The licensee was asked if he agreed to a deferral of the hearing and he said that he did agree.

Decision & Reasons

Members were due 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 a caution obtained during the currency of his licence.

Members also noted from the licensing report before them that there was a question outstanding regarding the licensee’s alcohol use and medical fitness to meet Group 2 DVLA driving standards. As such Members considered whether or not to defer the determination of this matter in order to be able to review additional material in this regard. In making this determination, they invited the views of the licensee who indicated that he would be in agreement with a deferral in order to be able to obtain additional information.

Taking into account the public interest in determining this matter with additional relevant information and to ensure fairness to all parties concerned, Members have decided to defer this matter to 5^th October 2023 with discretion to BANES officers to further defer to a later date, to be advised to the licensee, if required. The purpose of this deferral is so that the licensee can liaise with his GP to provide a view in relation to whether or not the licensee continues to meet the Group 2 DVLA driving standards and this may include the licensee obtaining a Carbohydrate Deficient Transferrin test, as is required by DVLA, to enable the GP to reach a view.