Agenda and minutes

There were no apologies for absence.

The Member who is substituting for another Member should so indicate together with the name of the relevant absent Member.

There were no substitutes at the meeting.

With the vote being unanimous, it was

          RESOLVED:

          That Councillor Margaret Marks be elected Chairman.

To consider whether the press and public should be excluded during the consideration of the following items because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against each item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

With the vote being unanimous, it was

          RESOLVED:

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of businesses on the grounds that it involves the likely disclosure of exempt information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972 and indicated against each item.

Exempt Report No: LSC/SE/18/002 – EXEMPT

Application for the Review of a Private Hire/Hackney Carriage Driver’s Licence

The Lawyer (Licensing and Regulatory) welcomed all present to the Review Hearing, reported that no declarations of interest had been received and introductions to the Sub-Committee were made by the Chairman.

The Chairman then outlined the procedure for the conduct of the Review Hearing.

The purpose of the report was for the Sub-Committee to review the application for a Combined Private Hire/Hackney Carriage Driver’s Licence under the provisions of Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

Under the provisions of Sections 51, 55, and 59, Local Government (Miscellaneous Provisions) Act 1976, the licensing authority was required to ensure that an applicant for the grant or renewal of a hackney carriage and/or a private hire vehicle driver’s licence and/or private hire vehicle operator’s licence was a fit and proper person to hold such a licence.

The Licensing Officer then presented Report No: LSC/SE/18/002, and explained that the applicant on 9 January 2017 was stopped by the police and charged with failure to provide a sample of breath, and subsequently disqualified for driving under offence code DR30, driving or attempting to drive then failing to supply a specimen for analysis.  The disqualification period ended on 4 March 2018, and the applicant now wished to resume his driving career with his employer.  She also drew attention to the Exempt appendices attached to the report:

-      Exempt Appendix 1: Current Combined Private Hire/Hackney Carriage Driver’s Licence

-      Exempt Appendix 2: Letter from licence-holder informing the Licensing Department of offence and subsequent letter returning driver badge.

The applicant attended the meeting, accompanied by his employer and a third-party representative. The applicant presented their case and explained he had made a poor judgement, had learnt by his mistake and answered Members’ questions.

Members questioned the applicant as to why he failed to supply a sample of breath, which he disputed.  Members also questioned whether he socially drank now, to which the applicant provided responses.

The applicant then summed up their case, followed by the third-party representative who provided a statement that he had known the applicant over nine years and was an honest person.  He had tried to give a sample of breath and could not for some reason.  He was previously in a care job, which was stressful, so changed his career to become a taxi driver.

The applicant’s employer then provided a statement stating that he was a very sincere person and was sadly missed in the team, control room.  He had made a misjudgement, but would welcome him back as a driver. 

Following the summing up, at 4.21pm, all those present, other than the Sub-Committee, the Lawyer (Licensing and Regulatory) and the Democratic Services Officer (Scrutiny), would be asked to leave the Review Hearing to allow the Sub-Committee to give further consideration to the application. 

At 5.11pm all parties were recalled back to the Review Hearing, where the Chairmanadvised on the Sub-Committee’s decision.

With the vote being unanimous, it was

          RESOLVED:

That the Combined Private Hire/Hackney Carriage Driver’s Licence  ...  view the full minutes text for item 86.