Meeting documents

Taxi and Private Hire Sub Committee
Monday, 7th February, 2011 6.30 pm

Item	Description	Resolution
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 R Woodward take the Chair for the meeting.
2	APOLOGIES FOR ABSENCE There were no apologies for absence.
3	DECLARATION OF INTERESTS 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 Licensing Enforcement Officer presented the report and highlighted the options available to members. There were no questions to the Licensing Enforcement Officer. The applicant put forward his case. He stated that he had been out of work since August 2010 and had been working hard to get back to work. He had passed all of the required tests, spent a lot of time with his representative studying policies and procedures, and was currently studying towards his NVQ. The applicant also stated he was taking part in an anger management course which has helped him deal with difficult situations and awkward customers. In response to questions from the Licensing Enforcement Officer, the applicant stated the following: - He felt that he could not discuss his appeal with the Licensing Enforcement Officer prior to the hearing due to it being a continuing grievance. He had been advised not to discuss the case with anyone. The outcome was that his appeal had been dismissed on all grounds. - He gave his version of events regarding the incidents which had led to his dismissal at the Council. - There were allegations relating to physical contact but the applicant stated that any injuries were not inflicted by him. - He explained his medical background and stated that he was still taking medication and having regular appointments with the doctor. The Legal Advisor informed members of the decision made at the Committee which considered the applicant's appeal as he was in attendance. In response to a question from a Member, the applicant stated that he felt he did walk away from the recent confrontation as soon as he possibly could and he controlled his emotions. The applicant's representative stated that she had known the applicant since August 2010 and explained how she had helped him apply for the private hire licence. She stated that he was not an aggressive person and had been trying hard to understand all areas of being a taxi driver. Upon request, the applicant explained what had happened regarding the caution on his CRB. Members queried the incident during the applicant's grievance in which he breached the term of his suspension. The Legal Advisor explained that the applicant had been made aware of the terms of his suspension and the incident was a breach of those terms. In response to a question from a Member, the applicant explained how he would deal with an aggressive customer in a taxi and assured Members he would be able to control his anger. He added that he had never been involved in a car accident or received any penalty points on his licence. The Licensing Enforcement Officer did not wish to give a closing statement. The applicant gave a brief closing statement reiterating points raised earlier in the meeting. The Legal Advisor provided the committee with advice on the options that were before them and issues that were to be considered when reaching its decision. At 7.20pm the Sub Committee adjourned to consider its decision. The meeting reconvened at 8.05pm. (Attachment: 1)Report of the Licensing Enforcement Officer	RESOLVED THAT: The application be refused on the following grounds - That given the pressures faced by taxi drivers in the normal course of their business which often included the transport of people who were rude, abusive and drunk, and the volatile nature of the applicant's character, the committee were not satisfied that the applicant was a fit and proper person to hold a licence.

Published on Wednesday, 9th February, 2011

The meeting closed at 8.15pm.

Attendance Details

Present:

Councillors P Holland, E J Purver and R Woodward

Officers: Mr D Gill and Mrs R Wallace

The applicant was in attendance and was accompanied by his representative.