Meeting documentation

Meeting documents

Taxi and Private Hire Sub Committee
Thursday, 15th May, 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 APOLOGIES FOR ABSENCE
There were no apologies for absence.
 
3 DECLARATIONS OF INTEREST
There were no declarations of interest.
 
4 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.
5 APPLICATION FOR A PRIVATE HIRE DRIVER'S LICENCE
The applicant, attended the meeting, accompanied by his Father and previous employer from Coalville Yellow Cabs.

The Licensing Enforcement Officer introduced the report which asked
Members to determine an application to renew a private hire driver's licence.

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

The applicant put forward his case. He stated that the reason he had received five penalty points and such a large fine for speeding in 2005 was due to him being a new driver. He also explained what had happened on the night he had been arrested for attempted assault on two of his passengers and stated that the charge had been dropped and did not feel it should be taken into account. The Legal Advisor explained why the information could be taken into account.

The applicant stated that he had never been convicted of any offence before the incident regarding the fuel theft and that he would not do it again.

The Licensing Enforcement Officer asked the applicant why, after receiving a warning during a meeting at the Council offices, he decided to commit an offence. The applicant stated that he could not remember attending a meeting where he was given a warning.

In response to questions from the Licensing Enforcement Officer, the applicant stated the following:

- He had told the Licensing Enforcement Officer that he was not surprised when his licence was suspended because everything written within the report made him look like a terrible person, plus he felt that there was some dislike between himself and the Licensing Enforcement Officer.

- He had received a large fine from a speeding offence because he had filled in the forms incorrectly, not because he was a taxi driver.

- He felt that he was a fit and proper person to drive a taxi as he had grown up a lot and understood the responsibility. Also there had been no further speeding offences committed in the last two years.

In response to a question from a Member, the applicant explained that he was unsure why the passengers had accused him of the assault as it occurred half a mile away from where he had dropped them off. The applicant pointed out that they were very drunk and had paid the fare fully before he left them.

With regards to the theft of the fuel, the applicant explained to Members that he sat and waited in the car whilst his friends stole the fuel and it was placed into his car which was still marked as a taxi. He stated that he was aware of what he was doing but thought it was a good idea due to the rising cost of fuel. Members expressed their disappointment and concerns regarding this offence, especially as it was conducted in a vehicle licensed by the Council.

In response to a question from the Legal Advisor, the applicant stated that after he had dropped off the two passengers, that later accused him of assault by hitting them with the car, he had taken the car through a car wash. The applicant denied doing this to purposely destroy any evidence of the assault, he claimed he did it to wash vomit from the outside of the car.

The applicant's previous employer from Coalville Yellow Cabs addressed the meeting. He stated that although the report did not present a good image for the applicant, he had matured recently especially during his six month suspension from driving when he worked in the office for the company. There had never been any complaints received with regards to the applicant and he had completed over 15,000 jobs. He finally explained that he had now settled down in his own house with his fiancee and should not be denied the chance to earn a living.

The Licensing Enforcement Officer did not wish to give a closing statement. The applicant gave a brief closing statement and emphasised that he had no previous convictions.

At 7.30pm the Sub Committee adjourned to consider its decision. The meeting reconvened at 8.10pm.
  • (Attachment: 1)Report of the Licensing Enforcement Officer
  • (Attachment: 2)Appendices
RESOLVED THAT:

The application to renew the hackney carriage driver's licence be refused. The Members did not consider the applicant to be a fit and proper person to hold a licence because the evidence presented to the Sub Committee has shown that he was not a safe driver with a good driving record, he was not honest and he had repeatedly failed to comply with the conditions of his licence. Members felt he lacked maturity and had failed to express genuine remorse or contrition for his actions.

The applicant was advised of his right of appeal.
Published on Thursday, 22nd May, 2008
The meeting closed at 8.15pm.

Attendance Details

Present:
Councillors J G Coxon, D Howe and N Smith.

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