Agenda and minutes

The Democratic Services Officer advised the meeting of the 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. Members are asked to indicate:

(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 2, A and 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 Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

There were none.

There was none.

These were approved as a correct record.

The Chairman explained the procedure to be followed for the meeting.

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. They RESOLVED that the public should 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 Lead Officer - Licensing presented the report to the Sub-Committee. He explained that the report invited the Members to consider whether the Licensee concerned remains fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence following the disclosure of a medical condition.

The Licensee addressed the Sub-Committee and said that since June he has been keeping both an electronic and paper record of his blood sugar levels in relation to his diabetes.

The Licensee asked how soon after the 3-month process would he be able to drive again.

The Lead Officer – Licensing replied that providing the report from the Diabetic Consultant gives approval to resume driving and is received by the Council, the licence would be reinstated straight away.

Decision and Reasons

Members have had to consider whether or not a 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.

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). Members primary consideration is public safety.

Members heard from the licensee that he had voluntarily ceased driving licensed vehicles following a diagnosis of diabetes. Since then, he has been recording his blood sugar levels and is awaiting the conclusion of the 3-month process and an appointment with the consultant. 

Members noted the conditions attached to a Combined Hackney Carriage/Private Hire Driver’s licence recommend a licensee should cease driving and the licence be immediate revoked on public safety grounds. Members also note, however, that the DVLA guidance, updated in March 2021, contains a 3-stage process which must be completed before a licensee may resume driving. Members have real concerns around public safety and have considered immediate revocation. They note, however, that the licensee has embarked on the DVLA process and is pending the end of the process.

In the circumstances Members find it reasonable and proportionate to follow the latest DVLA guidance and depart from their Policy. Accordingly, Members suspend the licence until the satisfactory conclusion of the 3-stage process. Authority is delegated to the Licensing Officer to reinstate the licence on receipt of satisfactory consultant report and issue future licences on a 12 monthly basis subject to satisfactory medical reports.

The Lead Officer – Licensing informed the Sub-Committee that the licensee would not be attending the meeting.

As the licensee was not present Members had to consider whether to continue in their absence. The Members resolved to proceed in their absence.

The Lead Officer - Licensing presented the report to the Sub-Committee. He explained that the report invited the Members to consider whether the Licensee concerned remains fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence following the disclosure of a medical condition.

Decision and Reasons

Members have had to consider whether or not a 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.

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 primary consideration is public safety.

Members heard from the licensing officer that the licensee had consented to the matter being dealt with in his absence and that he had voluntarily ceased driving licensed vehicles following a diagnosis of diabetes. Further, the licensee had voluntarily surrendered his licence. In all the circumstances, including an email from the licensee consenting to the matter being dealt with in absence Members resolved to determine the matter in absence.

Members noted the conditions attached to a Combined Hackney Carriage/Private Hire Driver’s licence recommend immediate revocation of a licence on public safety grounds in these circumstances. Members also note, however, that the DVLA guidance, updated in March 2021, contains a 3-stage process which must be completed before a licensee may resume driving. Members gave credit to the licensee for surrendering his licence and in all the circumstances find it reasonable and proportionate to follow the DVLA guidance and depart from their Policy.

Accordingly, Members suspend the licence until the satisfactory conclusion of the 3-stage process. Authority is delegated to the Licensing Officer to reinstate the licence on receipt of satisfactory consultant report and issue future licences on a 12 monthly basis subject to satisfactory medical reports.