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 of the meetings held on 16^th November 2023 and 30^th November 2023.

The Chair referenced the procedure that would be followed during the course of the meeting.

Those that were present confirmed that they had received and understood the licensing procedure.

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 stated that they were being asked to determine whether an application for a combined Hackney Carriage/Private Hire Driver’s licence could be granted.

He explained that the applicant had a number of previous convictions and asked the Sub-Committee to read the contents of his Disclosure and Barring Service certificate and his written statement.

The applicant left the meeting room while the Members read the documents they had been given.

On his return the applicant was asked by the Chair to address them on why he felt that he should be granted a licence and he responded to questions from the Sub-Committee.

Councillor Toby Simon asked if he could inform them of his current relationship with alcohol.

The applicant replied that he had never been a big drinker and that it had not really been part of his agenda growing up. He added that he didn’t drink that much at all now, maybe once a month whilst at home with his girlfriend.

Councillor Onkar Saini asked if he had considered how he would deal with any difficult customers.

The applicant replied that he did not intend to do that much driving late at night and would not seek to aggravate any situation, should it occur. He added that if a customer refused to pay their fare, he would likely let them leave and then consider what action should be taken.

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

The applicant replied that he had.

Decision & Reasons

Members have had to consider an application for a combined Hackney Carriage/Private Hire Driver’s licence where convictions have been disclosed on the applicant’s Disclosure and Barring Service certificate. 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 had read the applicant’s written statement and considered the contents of the Disclosure and Barring Service certificate.

The applicant addressed Members in oral representations when he indicated that he is a polite, trustworthy and hardworking person who likes to achieve. He explained that he had put 6 months into trying to obtain his taxi licence and that it is important to him.

The applicant indicated that the offending behaviour started when he was 20 years old, and he is 34 years old now. On questioning he informed Members that he drinks alcohol very little, and this is normally whilst at home. The applicant asked Members to give him the licence on the basis that he has proved for a sustained amount of time that he is a balanced and fitting person for such a licence both career wise and personally.

Members noted that the applicant had been conviction free for an amount of time that was acceptable in policy terms. They were satisfied based on the evidence before them that alcohol misuse is not an issue for the applicant and that the  ...  view the full minutes text for item 75.

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He stated that they were being asked to determine whether a licensee remains fit and proper to hold their combined Hackney Carriage/Private Hire Driver’s licence.

He informed the Sub-Committee that the licensee would not be attending the hearing and handed out copies of email correspondence from him.

The Members agreed unanimously to proceed with the hearing in the absence of the licensee.

Decision & 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 a speeding offence, permitting an unlicensed driver to drive his licensed vehicle and dishonesty in his dealings with the Licensing Section. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy.

The determination of this matter had been deferred from the meeting on 30^th November, as the Licensing Section had received an e-mail from the licensee at 08:05am on the morning of the hearing indicating that he would not be attending due to his health.

Members decided in the interests of all concerned to defer the meeting to today so that the licensee could appear before the Sub-Committee to give his account in person. In making that decision, Members issued a warning that if he failed to attend on the next occasion, the matter could proceed in his absence. That warning was included in the papers sent to the licensee.

The licensee has failed to attend the hearing today and notified the licensing section by e-mail at 22:17 hours on 13^th December that he would not be attending. In that e-mail the licensee indicated “it is better to take the decision in his absence”.  Having issued a warning to the licensee that the matter could proceed in his absence on the next occasion, and in the light of the licensee’s invitation for Members to do so, they have determined it is in the public interest to deal with the matter today.

On 8^th August 2023 the licensee provided a written statement to the Licensing Department regarding speeding offences carried out in his licensed vehicle.

In that statement he admitted that it was his father driving the vehicle on 30^th August 2022 when it was caught speeding; that his father was not a licensed private hire driver at that time, and that he had informed the police his father was the driver. In relation to the speeding offence on 31^st December 2022 he denied committing the offence and said he was abroad at the time.

He denied receiving the letter from the police and said he had no knowledge of it. He said that he did know that the person who had been nominated as the driver could not have been, because she was at work at the time of the offence. He denied  ...  view the full minutes text for item 76.