Agenda and draft minutes

To elect a Chair of this meeting of the Licensing Sub-Committee.

RESOLVED that Cllr G Farquhar be elected Chair of the Sub-Committee for the duration of the meeting.

To receive any apologies for absence from Members.

There were no apologies received.

As there were no apologies, Cllrs B Castle and S Moore were not required to step up as the named reserves but along with Cllr A Chapmanlaw they remained in attendance for the hearings and the deliberations in a purely observational capacity for training purposes.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

There were no declarations of interest.

In relation to the items of business appearing below, the Sub Committee is asked to consider the following resolution: -

‘That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.

The Licensing Sub-Committee is asked to consider if an existing driver remains ‘fit and proper’ to hold a Bournemouth Zone Hackney Carriage driver licence. 

This item was restricted by virtue of paragraphs 1 and 2 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual) and 2 (information which is likely to reveal the identity of an individual).

Attendance:

From BCP Council:

Wesley Freeman – Licensing Officer

Mary Almeida – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

The Driver was also in attendance, accompanied by his legal representative.

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.

The Licensing Officer presented a report, a copy of which had been circulated to each Member and appears as Appendix 'A' to these Minutes in the Minute Book.

The Sub Committee was asked to consider whether the driver remained a ‘fit and proper’ person to hold a Hackney Carriage Driver’s licence.

The driver and his representative addressed the Sub Committee to present his case. In advance of the hearing the driver’s representative had provided a copy of his written submission and a character reference for the driver, a copy of which had been circulated to each Member and appears as Appendix 'B' to these Minutes in the Minute Book.

The Sub-Committee asked various questions of all parties present and was grateful for the responses received.

All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the Hearing, the Council’s Legal Advisor advised all parties of the right of appeal.

RESOLVED that: the Sub Committee has decided that the driver does not remain a ‘fit and proper’ person to continue to hold a Bournemouth Zone Hackney Carriage Driver’s Licence, further it is the Sub Committee’s decision that the driver’s licence should be revoked.

Reasons for Decision:

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the Licensing Officer’s report for Agenda Item 5.

Consideration was also given to the supplementary written information submitted on behalf of the driver by his legal representative, and the verbal submissions made at the hearing by all parties, including the responses provided by the driver and his legal representative to questions from the Sub Committee.

In considering the test of a ‘fit and proper person’, the Sub Committee also had regard to the BCP Council’s Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the Hackney and Private Hire Trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (July 2020).

Having considered the circumstances of the case, the Sub Committee concluded that the driver was no longer a ‘fit and proper person’ to hold a Hackney Carriage Driver’s Licence.

Further the Sub Committee decided that the most appropriate option in the circumstances was to  ...  view the full minutes text for item 19.

The Licensing Sub-Committee is asked to consider whether the applicant for a Hackney Carriage/Private Hire licence is a ‘fit and proper’ person to be able to continue to the next stage of the driver application process.

This item was restricted by virtue of paragraphs 1 and 2 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual) and 2 (information which is likely to reveal the identity of an individual).

Attendance:

From BCP Council:

Wesley Freeman – Licensing Officer

Mary Almeida – Legal Advisor to the Sub-Committee

Jill Holyoake – Clerk to the Sub-Committee

The Driver was also in attendance.

The Chair made introductions and explained the procedure to be followed in considering this item, which was agreed by all participating parties.

The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

The Sub Committee was asked to consider whether the driver was deemed to be a ‘fit and proper’ person to allow him to continue with the application process for a hackney carriage/private hire drivers licence.

The driver addressed the Sub Committee to present his case.

The Sub-Committee asked various questions of all parties present and was grateful for the responses received.

All parties were invited to sum up before the Sub-Committee retired to make its decision. Before concluding the Hearing, the Council’s Legal Advisor advised all parties of the right of appeal.

RESOLVED that the Sub Committee has decided that the applicant is a ‘fit and proper’ person to continue with the application process to become a licenced driver.

Reason for Decision:

The Sub-Committee gave detailed consideration to all of the information which had been submitted before the hearing and contained in the Licensing Officer’s report for Agenda Item 6 and the verbal submissions made at the hearing by all parties, including the responses provided by the applicant to questions from the Sub Committee.

In considering the test of a ‘fit and proper person’, the Sub Committee also had regard to the BCP Council Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of the Local Government (Miscellaneous Provisions) Act 1976, the Institute of Licensing (IOL) Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades (2018) and the guidance within the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (July 2020).

In the circumstances of the case, the Sub Committee concluded that the applicant is now a ‘fit and proper person’ to be able to continue with his application to become a licensed Hackney Carriage/Private Hire driver.

Anyone aggrieved by this decision has the right of appeal to the Magistrates’ Court within a period of 21 days beginning with the day that the applicant is notified, in writing, of the decision.