Agenda and minutes

An apology for absence was received from Councillor Ashley Baxter.

None disclosed.

The minutes of the meeting held on 15 December 2023 were proposed, seconded and AGREED subject to the following amendments…………

It is anticipated that, in accordance with Section 100A(4) of the Local

Government Act 1972 (as amended) the press and public may be excluded from the meeting during consideration of the following item of business because of the likelihood that otherwise exempt information, as described in

paragraphs 1 and 2 of the Act (as amended) would be disclosed to them.

It was proposed, seconded and AGREED to exclude the press and public in accordance with Section 100A (4) of the Local Government Act 1972 (as amended), as described in paragraphs 1 and 2 of the Act (as amended) during consideration of the following item of business because of the likelihood that otherwise exempt information would be disclosed to them.

Committee to determine whether a driver is a fit and proper person to be a licensed Hackney Carriage Driver, report ENV875 from the Licensing Officer.

(A short adjournment took place between 10:10 - 10:15)

Decision

The Committee were satisfied that the driver was a fit and proper person to hold a hackney carriage driver’s licence under Section 51 (1) of the Local Government (Miscellaneous Provisions) Act 1976 and reinstated his Hackney Carriage driver’s licence.

The Legal Advisor introduced those present and confirmed who would be speaking in relation to the item on the agenda.  The driver was in attendance together with his representative who spoke on his behalf.

The Licensing Manager presented exempt report ENV875 which concerned the fitness of driver to hold a hackney carriage drivers licence following the revocation of the licence under delegated authority in October 2023 due to a Police case against the driver.  Details for the revocation were outlined within the report.   Members noted that the driver had held a hackney carriage licence with the authority with no complaints since 2008.  Penalty points had been issued in 2014 due to parking in Red Lion Square Stamford.  A warning had also been issued for failure to notify the Licensing Team about points received for speeding in 2020.

The decision to revoke the licence had been appealed to the Magistrates Court which was on going and due to be heard on 1 March 2024.  The Police case against the driver had been closed with no further action.  The Council’s solicitor had suggested that the matter be looked at afresh.  A letter had been received from the driver’s solicitor stating why the driver’s badge should be reinstated and supporting statements from members of the public.

The Licensing Authority did not have an officer delegated authority to reinstate the badge and the driver’s solicitor was advised that on that basis the driver should reapply and it would be for Committee to determine if his previously revoked badge should be reinstated.

The driver’s representative then made their representation, referring to the incident and answered Members questions thereon.

The Licensing Manager then gave her closing statement. It was for the Committee to ensure that holders of hackney carriage driver’s licences are fit and proper person to hold such a licence pursuant to Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

The driver had nothing to add.

(10:30 the Licensing Manager, driver and representatives left the meeting)

Members considered the issue before them having taking into account the report, appendices, the representation made, legislation, the Council’s Hackney Carriage and Private Hire Licensing Policy, Statutory taxi and private hire vehicle standards and the Councillor Handbook.  Members acknowledged that the driver had held a licence for 17 years, that they had co-operated fully with the Police and that the Police had closed the case.  Also, no complaints had been received during the time that the driver had held a licence.  It was proposed, seconded and unanimously AGREED to reinstate the driver’s hackney carriage driver’s licence.

(10:35 the Licensing Manager, driver and representatives returned to the meeting)

The Legal Advisor read out the Committee’s decision.  The Committee had  ...  view the full minutes text for item 40.

The meeting scheduled for 3 May 2024 was raised as it fell the day after the Police Crime Commissioner and Grantham Town Council Elections. It was agreed by the Committee that if a meeting was required in May, that the meeting scheduled for 3 May would be moved to Friday 10 May 2024.

The meeting closed at 10:40.