Agenda and draft 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 28^th November 2024 and 12^th December 2024 and they were duly signed by the Chair.

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.

Checks were made to locate the licensee, but he was not in attendance when the hearing commenced at 10am.

Members decided to proceed with the other substantive item on the agenda first and see if the licensee was in attendance once that matter had concluded. Members asked the Senior Public Protection Officer to attempt to contact the licensee in the meantime.

Having concluded consideration of the other matter Members returned to this item. At 11.30am the licensee was not in attendance at the hearing. The Senior Public Protection Officer informed members of the contact made with the licensee in relation to his attendance at the hearing. Having considered all relevant information regarding whether to defer or proceed in the licensee’s absence, members resolved to proceed in the licensee’s absence.

The report and appendices related to this item on the agenda were read by members.

Decision & Reasons

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

This matter was due to be heard by the Licensing Sub Committee on 12^th December 2024; however, it was deferred in advance of that hearing due to a lack of committee time. The Licensee had been notified of the deferral.

On 12^th December 2024, the Licensee had been sent an email, and letter attachment, to the email address held for him on file. Within that correspondence, it was indicated that he was required to attend the Licensing Sub-Committee hearing at 10am on 2^nd January 2025 at the Guildhall in Bath; full address details were provided. He was asked to confirm his attendance, which he had not done, and he was warned that if he failed to attend the hearing, the matter might proceed in his absence. The Licensee was not in attendance at the hearing today. At the request of Members, the Senior Public Protection Officer – Licensing, attempted to contact the Licensee by telephone, on the mobile telephone number held for him on file. Two attempts to call were made which resulted in a ring tone initially followed by a busy tone. At 10.06 am the Senior Public Protection Officer received a text message from the Licensee indicating that he could not talk as he was driving. Two minutes later, the Senior Public Protection Officer sent a text message response asking if the Licensee would be attending the Licensing Sub-Committee meeting. By 11.30am a response had not been received, and the Licensee was not in attendance.

Members had to determine whether the matter should proceed in the Licensee’s absence today. In doing so, they had regard to the licensing procedure within the agenda report pack which says as follows: “In circumstances where a party fails to  ...  view the full minutes text for item 105.

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He explained that they were being asked whether the licensee remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence issued by this authority.

The Chair asked if the letter to the licensee regarding the hearing that was due to take place on 12^th December 2024 stated that he was required to attend.

The Public Protection Officer (Licensing) replied that a letter was emailed to the licensee on 21^st November 2024 which stated that his attendance was required at the meeting and that if he was unable to attend he should inform the Licensing team.

The Chair asked the licensee why he had not attended the meeting on 12^th December 2024.

The licensee apologised and said that he was not very good with emails. He said that the letter was an attachment to the email and that he had not fully understood the nature of the meeting.

The licensee addressed the Sub-Committee. He said that he was shocked that this has happened and would naturally comment on people’s clothes whether it was hot or cold. He added that he did not mean to offend.

He explained that conversations of the nature that were reported do happen but insisted that he does not initiate them.

He said that he likes to have a conversation while driving, but that this incident has made him consider his future conduct.

He stated that he was gutted that the passenger had felt uncomfortable on her journey and would not want anyone to feel that way.

Councillor Toby Simon asked if he had made any further changes to how he behaves while driving.

The licensee replied that this has been a big wake up call and understands that younger people will have different views to him or the choice of words he uses. He added that he has carried out over 18,000 trips with Uber and has a five star rating with them.

Councillor Simon asked him if he was now driving for Uber again, following a period of being delisted after the complaint.

The licensee replied that he was now driving for Uber again.

Councillor Ann Morgan asked if he would only comment on the clothes worn by women passengers.

The licensee replied no and said that it would just be a way of breaking the ice with a passenger at the start of a journey.

The Chair told the licensee of the importance of his behaviour as he represents the Council with every journey that is undertaken. He said that the comments he had made were not appropriate.

The licensee said that he was absolutely gutted about the incident and would not want anyone to think badly of him. He added that he had been in his role for 22 years and felt that he had not done much else wrong in that time. He said that his worked has included school runs and trips for customers  ...  view the full minutes text for item 106.