Decisions

An urgent decision has been taken to implement acting up arrangements for the Director of Law & Governance and Monitoring Officer role, following the recent resignation of the former postholder. The interim cover will be structured as follows:

• Robin Watson to act as Interim Director of Law and Governance and Monitoring Officer, paid the full salary as an interim role – i.e. £130,695. 

The intention is to commence an external recruitment process for permanent appointment later this year.

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).

Present:

From BCP Council:

Wesley Freeman – Licensing Officer

Linda Cole – Legal Advisor to the Sub-Committee

Sinead O’Callaghan – Clerk to the Sub-Committee

Andy McDiarmid – Legal Advisor, observing

Cllr Alasdair Keddie - Observing

The applicant driver was in attendance.

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 Sub Committee was asked to consider whether the applicant was deemed to be a ‘fit and proper’ person to allow them to continue with their application to hold a Public Carriage Drivers Licence for BCP Council.

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.

The Sub-Committee RESOLVED that the applicant driver is a ‘fit and proper person’ to continue with his application to hold a Hackney Carriage or Private Hire Driver’s Licence.

Reason for the decision

The Sub-Committee considered all the information which had been submitted before the Hearing and contained in the report for Agenda Item 6, along with the verbal submissions made at the Hearing by the applicant driver and the Licensing Officer.

In considering the test of a ‘fit and proper person’, the Sub-Committee also had regard to section 8 of BCP Council’s Hackney Carriage and Private Hire Driver Policy 2021 - 2025, the provisions of Part II 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 paragraph 3 of the Department of Transport Statutory Taxi and Private Hire Vehicle Standards (updated November 2022).

The Sub-Committee noted that the applicant driver had previously had a licence revoked in 2021, but that no further action had been taken by the police regarding the incident brought to the Licensing Authority’s attention, and that the complainant had withdrawn from the process. The applicant driver stated that he had not been contacted by the police and had not been subject to any further investigation or charges.

The Sub-Committee found the applicant driver to be open and reflective during the hearing. He explained that he had learned from past experiences and that the situation had provided him with important life lessons. He is aware he should not become overly friendly with customers and now would solely focus on his family and his work. He expressed remorse and a commitment to moving forward positively.

The applicant driver also explained his personal circumstances, including his health issues and family responsibilities, as well as his desire to work in a profession that supports his wellbeing and allows him to contribute more to his household. While the Sub-Committee acknowledged that personal circumstances are not a determining factor in the test of a ‘fit and proper person’, they noted his sincerity and motivation to work responsibly, and his role as a trustee of a charity, which they considered to be a positive reflection of his character and community involvement.

The Sub-Committee found the applicant driver to be remorseful for his previous actions, truthful and transparent and gave no indication that such previous inappropriate behaviour will occur again. The Sub-Committee found on the balance of probability that the applicant driver is a ‘fit and proper person’ and should be allowed to continue with his application for a Public Carriage Driver’s Licence.

To meet the urgent plant replacement needs of the Construction Works Team, to dispose of an aging and increasingly unreliable Telehandler, and to purchase a nearly new, suitably specified replacement machine.  Additionally, to dispose of 2 excavators and to purchase a single nearly new replacement machine. In both cases, to increase resilience, reduce repairs and maintenance costs and overcome health and safety concerns and to meet the requirements of the service.

Replacement telehandler:

Prudentially borrow up to a maximum of £46,000 to cover the funding gap requirement. The borrowing cost will be a maximum of £17,863 per annum funded from recharges included in works income recharged to customers.

Replacement excavator:

There is no borrowing requirement for the excavator as it can be self-financed through the sale of existing machines.

These purchases will be formally reflected in a report to Cabinet in due course, but for reasons of urgency the decision is being made to progress replacement immediately.