Agenda and draft minutes

Venue: Caddsdown Business Support Centre - Caddsdown Bideford EX39 3BE. View directions

Items
No. Item

40.

Exclusion of the public

The Chair to move:-

 

 

That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information as defined Paragraph 1 of Part 1 and Paragraph 10 of Part 2 of Schedule 12A of the Local Government Act 1972.

 

Minutes:

It was proposed by Councillor Bright, seconded by Councillor Hackett and –

 

Resolved:

 

That under Section 100(a)(4) of the Local Government Act (as amended) the public be excluded from the meeting for the following items of business because of the likely disclosure of exempt information by virtue of Paragraph 3 of Part 1 and Paragraph 10 of Part 2 of Schedule 12A of the Local Government Act 1972.

 

(Vote: For - unanimous)

41.

PART II (CLOSED SESSION)

42.

Review of Hackney Carriage / Private Hire Driver's Licence

To receive the report of the Lead Licensing Officer.

Minutes:

The Chair welcomed everyone to the meeting and explained the role and procedure of a Licensing Sub-Committee.

 

There were no declarations of interest from the Sub-Committee.

 

The Lead Licensing Officer presented the report, the purpose of which was to provide the sub-Committee with information relating to the conduct of a licensed taxi driver to enable Members to determine what action should be taken in respect of her Hackney Carriage/Private Hire Driver’s Licence.

 

The Chair asked if there were any questions from the Sub-Committee for the Lead Licensing Officer.

 

The Licensing Officer confirmed that, prior to this incident, the Licence Holder had a clean driving record prior to these incidents.

 

The Licence Holder was invited to put forward their case.

 

The panel asked questions which were answered by the Licence Holder.

 

The witness made a statement in support of the Licence Holder.

 

The Chair asked the Lead Licensing Officer to make his closing Submission.

 

The Chair asked the Licence Holder to give their final reply.

 

The panel asked the Lead Licensing Officer to clarify the repercussions of giving a final written warning.

 

The panel retired for deliberation at 10:18am.

 

The panel returned at 10:35am.

 

The Chair then stated that the Sub-Committee had thoroughly discussed the matter in relation to the Councils Licensing Policy for Taxis, Private Hire Vehicles, the Council’s Policy on the treatment of criminal convictions, and the Regulators’ Code.

 

The Licensing Sub-Committee acknowledged the Licence Holders proactive efforts to prevent any future offences. They also commended the Licence Holder for being honest and forthcoming in reporting the incidents to the Licensing Authority. As a result, the Sub-Committee decided that no further action would be taken on this occasion.

 

The Chair confirmed that the licence holder had the right to appeal the Sub1Committee’s decision and the appeal must be submitted to the Magistrates Court within 21 days.

 

43.

Review of Hackney Carriage / Private Hire Driver's Licence

To receive the report of the Lead Licensing Officer.

Minutes:

The Chair explained the role and procedure of a Licensing Sub-Committee.

 

There were no declarations of interest from the Sub-Committee.

 

The Lead Licensing Officer presented the report, the purpose of which was to provide the sub-Committee with information relating to the conduct of a licensed taxi driver to enable Members to determine what action should be taken in respect of his Hackney Carriage/Private Hire Driver’s Licence renewal.

 

The Chair asked if there were any questions from the Sub-Committee for the Lead Licensing Officer.

 

The Licence Holder was invited to put forward their case.

 

The Chair invited the panel to ask questions, which the Licence Holder answered.

 

The Chair asked the Lead Licensing Officer to make his closing Submission.

 

The Chair asked the Licence Holder to give their final reply.

 

The panel retired for deliberation at 10:57am.

 

The panel returned at 11:10am.

 

The Chair then stated that the Sub-Committee had thoroughly discussed the matter in relation to the Councils Licensing Policy for Taxis, Private Hire Vehicles, the Council’s Policy on the treatment of criminal convictions, and the Regulators’ Code.

 

The Licensing Sub-Committee expressed concerns about the Licence Holder’s attitude towards speeding. They also emphasised the importance of promptly notifying the Licensing Authority of any offences. As a result, the Licensing Sub-Committee decided that the Licence Holder must complete a driver assessment before the licence can be granted. Additionally, a written final warning will be issued.

 

The Chair confirmed that the licence holder had the right to appeal the Sub1Committee’s decision and the appeal must be submitted to the Magistrates Court within 21 days.

44.

Review of Hackney Carriage / Private Hire Driver's Licence

To receive the report of the Lead Licensing Officer.

Minutes:

The Chair explained the role and procedure of a Licensing Sub-Committee.

 

There were no declarations of interest from the Sub-Committee.

 

The Lead Licensing Officer presented the report, the purpose of which was to provide the sub-Committee with information relating to the conduct of a licensed taxi driver to enable Members to determine what action should be taken in respect of his Hackney Carriage/Private Hire Driver’s Licence.

 

The Chair asked if there were any questions from the Sub-Committee for the Lead Licensing Officer.

 

The Licence Holder was invited to put forward their case.

 

The Licence Holder provided the panel with documentation to assist his case.

 

The meeting was adjourned at 11:31am to give the panel time to read the documentation provided.

 

The meeting reconvened at 11:46am.

 

The Chair invited the Licence Holder to continue presenting his case.

 

The panel asked questions which were answered by the Licence Holder.

 

The Lead Licensing Officer clarified that any updates on the police investigation can be brought to the Licensing Sub-Committee for further review.

 

The Chair asked the Lead Licensing Officer to make his closing Submission.

 

The Chair asked the Licence Holder to give their final reply.

 

The panel retired for deliberation at 11:58am.

 

The panel asked the Authority’s paralegal to join the discussion at 12:23pm.

 

The paralegal returned to the meeting at 12:49pm

 

The panel returned to the meeting at 12:50pm

 

The Chair summarised the advise provided by the paralegal, specifically regarding the types of follow-up questions that could be appropriately asked of the Licence Holder.

 

The Chair then stated that the Sub-Committee had thoroughly discussed the matter in relation to the Councils Licensing Policy for Taxis, Private Hire Vehicles, the Council’s Policy on the treatment of criminal convictions, and the Regulators’ Code.

 

The Licensing Sub-Committee acknowledged the complexities of the case but noted that, to date, there has been no impact on the Licence Holder’s professional conduct. Consequently, the licence will be granted and will be continued unless further information emerges from the ongoing police investigation, in which case a licensing review will take place.

 

The Chair confirmed that the licence holder had the right to appeal the Sub1Committee’s decision and the appeal must be submitted to the Magistrates Court within 21 days.