Agenda and minutes

There were no apologies for absence.

There were no declarations of interest made at the beginning or during the course of the meeting.

            Members considered the public interest test certificate from the Proper Officer and concluded that on balance the public interest in maintaining the exemption outweighed the public interest in disclosing the information and it was

RESOLVED that in accordance with Section 100A(4) of the Local Government Act 1972 the public be excluded from the remainder of the meeting because of the likely disclosure to them of exempt information as identified in paragraph 12 of Part 4 of Schedule 12A of the Local Government Act 1972.

Members were informed that information had been received which suggested that a licensed driver may no longer be considered fit and proper to hold a hackney carriage/private hire vehicle driver’s licence.  In light of this information, the Licensing Authority are required under the Local Government (Miscellaneous Provisions) Act 1976 to consider whether the individual remains a fit and proper person to hold such a licence, and therefore the matter had been referred to the Taxi and General Sub Committee for determination.

The Sub Committee considered the report of the Assistant Licensing Manager and supporting information in relation to the allegation against Mr C behaviour during the period of licence.  Members were referred to the Council’s Fitness Criteria for Drivers and Operators and the Hackney Carriage and Private Hire Drivers Policy and Conditions.  They also carefully listened to Mr C’s explanation of the incident in question and considered a supporting representation made by his companion.

Having regard to the Officer’s report and all the representations made, the Sub Committee unanimously RESOLVED that Mr C be allowed to retain his licence.  Members accepted Mr C’s explanation of the incident in question and took into account the lack of resultant police action.  They held that there was no evidence that Mr C posed a risk to public safety and were of the view that he remains a fit and proper person to hold a hackney carriage/private hire vehicle driver’s licence.  However, the Sub Committee agreed that a letter of warning should be sent to Mr C in regards to his future conduct, and he was reminded to take care to avoid putting himself in a similar position again.

The Legal Advisor informed Mr C that if he was aggrieved by the decision that he had 21 days following receipt of the written decision notice to appeal to the local Magistrates Court.

            The Chair thanked all parties for their attendance and the meeting closed at 1.00 p.m.