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 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.

Decision & Reasons

Members were due to consider whether to renew the licensee’s combined Hackney Carriage/Private Hire Driver’s licence in the light of their BANES licensing record  and having been charged with an offence.

The licensee did not attend the hearing but had contacted the Licensing Officer the morning of the meeting and indicated that they were fasting for Ramadan and not feeling well. They made a request that the hearing be dealt with in their absence or adjourned until after Ramadan.

As such, Members considered whether to defer the determination of this matter. They had regard to the procedure set out in the agenda reports pack which indicates “in circumstances where a party fails to attend the Committee will consider whether to proceed in absence or defer to the next meeting. Should a matter be deferred the deferral notice will state that the matter may proceed in a party’s absence on the next occasion. In deciding whether to proceed all notices, communications and representations will be considered.”

Members noted the licensee’s request and the fact that their licence had expired in any event, as such they decided to defer the hearing until such time as the licensee submits a new application for a Combined Hackney Carriage/Private Hire Driver’s Licence. If they fail to attend on any such occasion, the matter may proceed in their absence.

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.

Councillor Toby Simon asked if the licensee had undergone a DBS check as part of the application renewal process.

The Public Protection Officer (Licensing) replied that they had and it was clear.

In response to the matter raised on 31st May 2024 relating to their private hire vehicle having been observed being driven with no private hire operator door

signs, the licensee asked what they were supposed to do if the operator does not have any.

The Public Protection Officer (Licensing) replied that this information would have been helpful in response to the email sent when this matter was first raised.

The licensee addressed the Sub-Committee and said that they had been doing the job for 30 years, loved doing it and loved helping people.

The licensee explained that they were dyslexic and had shied away from telling people all their life. They added that they have difficulty in responding to written queries, but had always responded to phone calls.

Councillor Simon said that he understood the difficulties that the licensee had raised, but explained to them that they have a responsibility to respond to enquiries from Council officers. He asked the licensee if they had anyone that could help them with these matters.

The licensee replied that they didn’t really have anyone close to home who could help and that they have a sibling who lives in Trowbridge.

Councillor Simon asked the licensee how often they check their email account.

The licensee replied that they check it around every couple of weeks, scan through the messages and acknowledged that they might miss important messages.

Councillor Ann Morgan asked the licensee if they had been diagnosed as having dyslexia.

The licensee replied that they had been told they had dyslexia in 1967 and received some special lessons at school. They added that they do not have a modern diagnosis from a doctor.

The Team Leader, Legal Services asked the licensee how they feel about the licence renewal application process.

The licensee replied that it fills them with extreme panic.

Councillor Simon asked the licensee if they had considered contacting any organisations that could help with their dyslexia.

The licensee replied that they had not.

Councillor Simon read aloud the complaint that had been received from Uber in October 2024. He asked the licensee if they had made the alleged comments to a customer and whether they could confirm they had been the driver in question.

The licensee replied that he did not believe that it could be them as they would never have made such comments.

The Team Leader, Legal Services asked how Uber attribute complaints when they are received.

The Public Protection Officer (Licensing) replied that this is done through their booking records.

Councillor Simon asked the licensee if they would  ...  view the full minutes text for item 139.