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.

The Chairman explained the procedure to be followed for the meeting and all parties stated they had read, heard and understood the 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. 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 Public Protection 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 Private Hire Operator’s licence issued by this authority.

He stated that on 19th November 2020, Licensing received an email from a solicitor acting on behalf of a complainant who was a licensed B&NES Private Hire vehicle proprietor. The email stated that the complainant had worked as a taxi driver on behalf of a licensed taxi operator, between February 2017 and May 2018 and that the complainant had not been paid during the period from March 2017 to May 2018.

He said that the complainant had filed a claim at the County Court Online against the licensee for the non-payment, which totalled £8405.00 and that on the 5th August 2020, the complainant was successful in that claim and awarded £8405 plus £410 costs, totalling £8815.00.

He added that on 11th January 2021, the complainant sent Licensing an email containing 16 attachments of unpaid invoices relating to work carried out on behalf of the licensee.

He explained that on 4th February 2021, the licensee informed Licensing in writing, of his version of events regarding the unpaid invoices.

He said that on 5th August 2021, the complainant sent Licensing a statement confirming that he had not been paid for work carried out on behalf of the licensee that he had been awarded the total invoiced amount plus costs at a County Court Online.

The complainant’s solicitor addressed the Sub-Committee and stated that the case is clear. The licensee has not paid invoices that have been issued to him and that a County Court Judgement has ruled that he should pay the total in full, plus costs. He added that he felt that the licensee should also have his licence revoked.

A representative on behalf of the licensee addressed the Sub-Committee. He said that he carries out a school run on behalf of the licensee and provides him with a detailed invoice every month which is paid promptly by cheque.

He stated that he felt that the invoices supplied by the complainant were not very detailed and contained dates within school holidays. He added that the licensee has applied to have the County Court Judgement set aside.

The licensee addressed the Sub-Committee. He said that on receipt of invoices he would look to pay drivers by cheque the same day. He added that on occasions where drivers forget to provide invoices he has paid them and asked for them to be provided in due course.

The Chairman asked how he had received the invoices from the complainant.

The licensee replied that he had not received any invoices until after the County Court Judgement had been given. He said that he had no knowledge of the proceedings prior to the judgement.

The Chairman asked why he had not chased the complainant for the invoices.

The licensee replied that he had. He added  ...  view the full minutes text for item 60.