Meeting documentation

Meeting documents

Taxi and Private Hire Sub Committee
Thursday, 31st January, 2008 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 ELECTION OF CHAIRMAN
RESOLVED THAT:

Councillor N Smith take the Chair for the meeting.
2 EXCLUSION OF PRESS AND PUBLIC
RESOLVED THAT:

In pursuance of Section 100A (4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A to the Act, and in the circumstances of the matter under consideration, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
The officers consider that the press and public should be excluded during consideration of the following items in accordance with Section 100(a) of the Local Government Act 1972 as publicity would be likely to result in disclosure of exempt or confidential information.
3 RENEWAL OF A PRIVATE HIRE DRIVER'S LICENCE
The applicant attended the meeting, accompanied by his partner.

The Licensing Enforcement Officer introduced the report which asked
Members to determine an application to renew a private hire driver's licence. Background information to the application was given and details of a recent CRB check.

There were no questions to the Licensing Enforcement Officer from the applicant or Members.

The applicant put forward his case. He stated that he understood why he had been brought in front of the Members but claimed that the report did not represent how he conducted himself. He apologised for not declaring the recent speeding convictions and explained that he had forgotten to do so as it was during a difficult period in his life. The applicant stated that he had suffered with Crohns Disease and was having serious marital problems. The applicant explained that he had set up the taxi driving business as result of being diagnosed with Crohns Disease as it was the best way for him to earn money due to the illness. The applicant accepted the mistakes that he had made and had moved on with his new partner. The applicant referred the Members to the letters from his customers that were attached to the report and explained that people were very happy with the service that himself, his father and brother provided in the local villages. The applicant apologised for his mistakes and stressed that if the renewal of the licence was granted he would not be brought in front of the Committee again as he would make his taxi driving his number one priority.
There were no questions to the applicant from the Licensing Enforcement Officer.

In response to a question from a Member, the applicant stated that he understood how serious it was to be brought in front of the Committee and he did not want to be in the same situation again.

The Licensing Enforcement Officer did not wish to give a closing statement. The applicant gave a brief closing statement and apologised for any inconvenience caused by calling the meeting.

At 6.55pm the Sub Committee adjourned to consider its decision. The meeting reconvened at 7.15pm so that the Members could ask the applicant further questions to help with the decision making.

A Member asked the applicant to give further details regarding the caution he received as the applicant told the Licensing Enforcement Officer that he had not realised he had been cautioned. The applicant described what had occurred between himself and his wife on the night in question. He explained that when he was at the police station he was very upset due to the circumstances and had not realised that he had been officially cautioned, this was the reason why he had not declared it to the Licensing Enforcement Officer at the time.

Another Member questioned why the caution the applicant had received was for common assault. The applicant responded that the common assault was due to abusive language which had been used because of the circumstances. He explained that if he had an abusive customer in his taxi he would not respond in an abusive manner.

Another Member asked the applicant to give further details regarding the complaint in relation to an unlicensed vehicle carrying out one of his regular school runs. The applicant explained that he was on holiday at the time and his father was covering the school run. The licensed car had broken down and his Father had been concerned about the failure to pick up the child, he spoke to the child's Mother and she permitted him to pick up the child in his own car. The applicant apologised for the behaviour of his Father and explained that another vehicle had been purchased so that it would never happen again.

At 7.35pm the Committee adjourned for further consideration and reconvened at 8.05pm.

  • (Attachment: 1)Report of the Licensing Enforcement Officer
  • (Attachment: 2)Appendices
RESOLVED THAT:

That the application to renew a private hire driver's licence be approved.

In reaching its decision the Members had regard to the report of the Licensing Enforcement Officer, the representations that had been made to the Committee and the letters supporting the applicant from clients.

The decision ultimately was finally balanced and was on the basis of two members being in favour and 1 against. All the members of the Committee were most concerned about the repeated breaches of the licence conditions, not just once but on a regular basis. The purpose of the Licensing regime and in particular the Licensing Conditions was to ensure the safety of the public. As a Private Hire Driver the applicant was required to comply with those conditions for the benefit of the public's safety. Some members of the Committee accepted that the applicant did not pose a danger to the public in terms of his driving, but his wanton disregard of the licence conditions was of serious concern.

The members of this committee were unanimous that any further breach of the licence conditions would not be tolerated and have decided to grant delegated authority to the Licensing Enforcement Officer in the following terms; In the event that there was any further allegation of a breach of the licensing conditions or any other offence being committed the Licensing Enforcement Officer was authorised to suspend your licence with immediate effect pending an application to revoke the licence.

The Chairman warned the applicant that in the event that he was brought before this committee again in the future he should be under no illusion about the likely consequences.

The applicant was informed that he would be sent a copy of the licensing conditions within the next 48 hours, which he must read and understand, then sign them and send them back within three days. He was told that if he did not understand the licensing conditions or had any queries, then he must contact the Licensing Enforcement Officer immediately.
Published on Monday, 17th March, 2008
The meeting closed at 7.25pm.

Attendance Details

Present:
Councillors C Bowley, P Holland and N Smith.

Officers: Mr D Gill, Miss R Levy and Miss E McHugh.

In attendance: Mr A Cooper (NWLDC)