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.

The Chair, Councillor Steve Hedges declared an other interest in respect of agenda item 8 as he said that he knew the witness who was due to give a character reference for that licensee. He made it clear that this in no way would affect his judgement in this matter.  

There was none.

The Sub-Committee RESOLVED to approve the minutes of the meetings held on 22^nd August 2024 and 5^th September 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.

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. She 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.

The motorcyclist involved in the road traffic incident with the Licensee on the 13 December 2023 was present and confirmed that he stands by the statement provided by him regarding the incident.

The Deputy Team Leader asked the motorcyclist if he had now received the Licensee’s insurance details.

The motorcyclist replied that he had, but said this had only happened since he had made his complaint to the Council.

The Licensee’s representative asked the motorcyclist if he was aware that the Licensee had given his insurance details to the motorcyclist’s insurance company.

The motorcyclist replied that he was not aware of this.

The Licensee’s representative referred to Annex J and asked the Licensee to give his account of the incident to the Sub-Committee.

The Licensee said that he simply asked the lady to repeat her destination as she spoke quietly and he has protective screens fitted within his vehicle. He stated that he had never seen her before this incident.

The Licensee’s representative referred to Annex I and asked the Licensee to give his account of the incident to the Sub-Committee.

The Licensee said that the couple in question were visibly tired and angry and that he was only trying to help them by saying their destination was not far to walk.

Councillor Toby Simon stated that it was not his role to give a view on whether customers should be asking to travel what he perceives to be a short distance.

The Licensee said that he did not refuse the fare and was just offering his opinion.

The Chair commented that if the Licensee could see the customers were tired and it was raining, why suggest that they walk. He said that he should accept the fare, no matter how short the journey.

The Licensee said that the couple misinterpreted his comments and that he has taken customers on many short journeys.

The Licensee’s representative referred to Annex E and asked the Licensee to give his account of the incident to the Sub-Committee.

The Licensee said that he was travelling back home after taking a customer to the Royal Marsden Hospital in Sutton. He explained that whilst driving he had seen a motorcyclist, signalled and overtook him safely. He added that around half a mile later there was another motorcyclist, and again he signalled and overtook him safely.

He stated that two to three minutes later he heard a noise from behind his vehicle before a motorcyclist punched the mirror of his vehicle before losing balance.

He said that he asked the motorcyclist if he was ok or needed any help. He also asked the motorcyclist why he punched his mirror.

The Licensee says that the motorcyclist said that he had been disrespected by being overtaken.

The Licensee said that he helped the  ...  view the full minutes text for item 65.

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.

The Licensee addressed the Sub-Committee and said that he had struggled with completing forms for many years and should have asked for help. He stated that he had now put things in place to help him.

Councillor Toby Simon asked if the Licensee could give any examples of how he has struggled and for how long.

The Licensee replied that, if honest, he had probably had these issues since being at school and would avoid having to confront them as much as possible. He added that he had recently become more aware as his children had been diagnosed with ADHD.

He explained that he asks his partner to now double check forms before signing them and acknowledged that he requires some instructions to be repeated to him.

Councillor Simon asked the Licensee how he feels when receiving information from passengers about where they want to travel to.

The Licensee replied that he checks with them two or three times to make sure he has the right destination.

Councillor Simon asked the Licensee how he handled information whilst driving, such as road diversions.

The Licensee replied that this was normally fine as the information would normally be in large print.

The Chair asked the Licensee how he would cope if his partner was away for a period of time and he had to respond or complete some forms within a required timeframe.

The Licensee replied that he would find another family member to help him. He added that he has an eye test every year and knows to inform the Licensing department if there are any changes in his medical condition.

Councillor Simon asked the Licensee if he was now driving full time.

The Licensee replied that he was now driving around 40 hours per week.

The Chair asked the Licensee to make a summing up statement.

The Licensee said that he acknowledges the mistakes that he has made and will now ask for support from family members when required. He added that he has had no complaints made against him from any members of the public.

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 failures to comply with the license conditions relating to failing to inform the Licensing Authority of relevant medical conditions and falsely declaring at four licence renewals that he had no relevant medical conditions.  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 considered the officers report, heard from officers, and considered the written and oral submissions from the licensee.  Officers stated that the licensee had now provided relevant medical  ...  view the full minutes text for item 66.