Agenda and draft minutes

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Contact: Mark Durnford  01225 394458

Items
No. Item

46.

EMERGENCY EVACUATION PROCEDURE

The Chair will draw attention to the emergency evacuation procedure as set out under Note 5 on the previous page.

Minutes:

The Democratic Services Officer drew attention to the Emergency Evacuation Procedure.

47.

APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

Minutes:

There were no apologies for absence or substitutions.

48.

DECLARATIONS OF INTEREST

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.

Minutes:

There were no declarations of interest.

49.

TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIR

Minutes:

There was no urgent business.

50.

MINUTES OF PREVIOUS MEETING: 27th July 2022 pdf icon PDF 876 KB

Minutes:

RESOLVED that the minutes be confirmed as a correct record and signed by the Chair.

51.

LICENSING PROCEDURE pdf icon PDF 166 KB

The Chair will, if required, explain the licensing procedure.

Additional documents:

Minutes:

The Chair outlined the procedure for the meeting.

52.

EXCLUSION OF THE PUBLIC

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.   

Minutes:

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.

 

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.

 

53.

Consideration of Fit and Proper - 2200499TAXI pdf icon PDF 130 KB

Additional documents:

Minutes:

The Lead Officer - Licensing presented the report to the Sub-Committee. He advised Members to consider the matter, determine the issue and take any action they may consider suitable after hearing the representation from the licensee.

The members of the Sub-Committee, Lead Licensing Officer and Team Leader, Legal Services asked questions of the licensee regarding each of the issues raised in the report and she responded accordingly.

Decisions and Reasons

Members considered whether or not the applicant was a fit and proper person to continue to hold her combined Hackney Carriage/Private Hire Driver’s licence in the light of failures to comply with the terms of her Hackney Carriage Proprietor’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.

Members heard from the licensee in oral representations who apologised to the Licensing Sub-Committee for taking their time and for not putting her paperwork in. She explained that she now understood the importance of providing her MOT and insurance documents to ensure the safety of the travelling public. She confirmed to Members that even when she did not provide her insurance documents on time, she always had insurance in place, furthermore, she always had her MOT in place save for in March 2022 when it expired on 16th March as there was delay in the repairs due to lack of availability of a part. Her vehicle was off the road in the garage until the repairs were carried out and it passed its MOT on 25th March 2022. In relation to the failure to provide the insurance certificate in 2021 she explained that she had asked her broker to provide the certificate to the licensing department and he had failed to do so, she acknowledged however, that this was her responsibility.

The licensee explained that there were extenuating personal circumstances in 2020 and 2022 that had impacted her ability to manage her paperwork and Members accepted the details of the account that she provided in this regard. 

Whilst addressing members on the matters before the Licensing Sub-Committee the licensee disclosed that she had received 3 penalty points on her DVLA licence on 14.01.22 for travelling at 24mph in a 20mph limit. The Lead Licensing Officer Mr Dowding indicated that if she had notified the Licensing Department of this, as this was her first breach of condition related to failure to notify a conviction within the requisite period, she would have received a warning.

Members noted that compliance with the conditions relating to MOT and insurance certificates and notifying convictions, is vital so that the Council can be assured that the safety of the public when travelling in a BANES licensed vehicle is not compromised. Indeed, compliance with all licence conditions is of the utmost importance.

Members noted however, that there had been no complaints from the public relating to the licensee’s conduct and she had been licensed as a Hackney Carriage/Private Hire Driver for  ...  view the full minutes text for item 53.

54.

Consideration of Fit and Proper - 2200251TAXI pdf icon PDF 132 KB

Additional documents:

Minutes:

The Lead Officer - Licensing presented the report to the Sub-Committee. He advised Members to consider the matter, determine the issue and take any action they may consider suitable after hearing the representation from the licensee.

The members of the Sub-Committee, Lead Licensing Officer and Team Leader, Legal Services asked questions of the licensee regarding each of the issues raised in the report and he responded accordingly.

Decisions and Reasons

Members considered whether or not the applicant was fit and proper to continue to hold his combined Hackney Carriage/Private Hire Driver’s licence in the light of failures to comply with the terms of his Hackney Carriage Proprietor’s Licence, breaches of condition relating to his Combined Hackney Carriage/Private Hire Driver’s Licence and driving his vehicle whilst it had failed its MOT due to a dangerous defect. 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 heard from the licensee in oral representations who acknowledged the extent of the matters against him which he expressed embarrassment in relation to. He asked Members to consider how he had already been dealt with, namely, the warning letters that he had received and penalty points. He indicated that he had now set diary and phone reminders to ensure that he upholds his obligations in the timescales required.

In relation to the matter at 3.21 of the report and driving his licensed vehicle without a combined Hackney Carriage/Private Hire Driver’s Licence, he acknowledged now that he was wrong but explained that at the time, he did not know that he could not drive the vehicle and was not trying to hide anything but explained it was due to a lack of knowledge on his part.

The licensee acknowledged before the Members that the most serious matter was the vehicle being driven after it failed its MOT earlier this year. His verbal account was consistent with the explanation given at Annex E of the report. He accepted on questioning that his initial account that it was at the garage for the days that it did not have a valid MOT, was not true and explained that he responded quickly to Mr Dowding’s e-mail and should have given it more thought. In relation to his subsequent account that he had taken his friend on a long journey, he explained that he had written confirmation from the friend in relation to the journey and a screenshot to prove the friend’s address. Members did not request to see these documents because there was no dispute that the licensee had them and there was no dispute that he had driven the vehicle 855 miles without an MOT. The licensee accepted that his behaviour was foolish, careless and stupid and he should not have taken his friend on the journey even if he had to pay another ‘cabby’ to do it. He told Members that he was deeply regretful.

The licensee asked Members to take note  ...  view the full minutes text for item 54.