Agenda and draft minutes

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

RESOLVED that Cllr A Keddie be elected Chair of the Sub-Committee for the duration of the meeting.

Voting: Unanimous

To receive any apologies for absence from Members.

Apologies were received from Cllr C Matthews and Cllr J Richardson. Cllr A Filer as second reserve member became the third sub committee member.

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 none.

The protocol for public speaking at Licensing Sub Committee hearings is included with the agenda sheet for noting.

The protocol was noted.

In relation to the items of business appearing below, the 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, 2 and 7 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, 2 and 7 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 determine whether the driver remains a ‘fit and proper’ person to hold a Hackney Carriage and Private Hire driver licence.

This item was restricted by virtue of paragraphs 1, 2 and 7 of Schedule 12A of the Local Government Act 1972.

Exempt information – Categories 1 (information relating to any individual), 2 (information which is likely to reveal the identity of an individual) and 7 (information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime).

Attendance:

From BCP Council:

Trudi Barlow – Licensing Officer

Nananka Randle – Licensing and Trading Standards Manager

Andy McDiarmid - Legal Advisor

Jill Holyoake - Clerk to the Sub Committee

The Driver was not present, having already indicated that they would not be attending the hearing and having been advised that the hearing would proceed in their absence.

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

The Licensing Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book. The Licensing Team had received information in relation to a licensed driver that raised concerns on their suitability to remain a licensed driver. The Sub Committee was asked to consider whether the driver remained a ‘fit and proper’ person to hold a hackney carriage and private hire driver licence.

In the driver’s absence, the Sub Committee considered the case using the written information presented in the report. Appendix 3 of the report contained a written statement from the driver to members of the Sub Committee which the driver had requested be included in the papers for the hearing.

The Sub Committee also asked various questions of the officers present and was grateful for the responses received.

The Licensing Officer was invited to sum up before the Sub-Committee retired to make its decision. Before concluding the hearing, the Legal Advisor advised of the right of appeal.

RESOLVED that the driver is no longer deemed to be a ‘fit and proper’ person to hold a hackney carriage and private hire driver licence and that under Section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976 their licence be revoked with immediate effect in the interests of public safety. 

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 6. This included a written submission from the driver to the Sub Committee, circulated at appendix 3 of the report. In their submission the driver had confirmed they would not be attending the hearing and had asked for their written statement to be included in the Sub Committee’s papers and taken into consideration before any decision was made. 

The Sub Committee also considered the verbal submissions made at the hearing by the Licensing and Trading Standards Manager and the Licensing Officer and their responses to questions.  

In considering the test of a ‘fit and  ...  view the full minutes text for item 141.