Agenda and minutes
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Contact: Democratic Services
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Election of a Chairman
Minutes: In accordance with the Council’s Constitution, as both the Chairman and the Vice-Chairman of the Licensing Committee had given their apologies for the meeting, the Members of the Committee present, proposed, seconded and agreed that Councillor Helen Crawford be elected as Chairman of the Committee for this meeting only.
Councillor Crawford in the Chair.
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Apologies for absence
Minutes: Apologies for absence were received from Councillors Bosworth, Broughton, Dilks and Ward.
Councillor Bisnauthsing was substituting for Councillor Fellows. |
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Disclosure of interests
Members are asked to disclose any interests in matters for consideration at the meeting. Minutes: None disclosed. |
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Minutes of the meeting held on 21 September 2022
Minutes: The minutes of the meeting held on 21 September 2022 were proposed, seconded and AGREED. |
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Exclusion of the Press and Public
It is anticipated that, in accordance with Section 100A(4) of the Local Government Act 1972 (as amended) the 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 the public. Minutes: 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) 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 would be disclosed to them. |
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Local Government (Miscellaneous Provisions) Act 1982: Determination as to whether a Hackney Carriage Driver remains a fit and proper person to hold a licence
Committee to determine whether a Hackney Carriage Driver remains a fit and proper person to hold a licence. Additional documents: Minutes: Decision
To revoke the Hackney Carriage driver’s licence on the grounds that the driver is not a fit and proper person to hold such a licence under Section 61 (1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.
The Legal Advisor introduced those present and confirmed that the applicant was in attendance together with their representative.
The Licensing Officer presented report ENV828 which concerned whether a Hackney Carriage driver remained a fit and proper person to hold a hackney carriage driver’s licence.
The driver had held a hackney carriage drivers’ licence with the authority since March 2016. Since that time the authority had received four complaints about the driver’s behaviour and his driving. Members were referred to Appendix 1.
The driver’s hackney carriage plate had expired on 4 August and although an application for a new plate had been made before the expiry of the old plate (20 July 2022), it was not picked up. The driver was seen with no roof light and an expired hackney carriage plate on 11 August 2022. On 16 August 2022 the taxi firm where the driver worked was visited by Licensing Officers and it was confirmed that the driver had completed 145 jobs during the period where he displayed an expired hackney carriage plate on his vehicle (5 – 16 August 2022). The driver collected the new hackney carriage plate on 17 August and was questioned by Licensing Officers about the expired plate, dashcam footage and no roof light. The driver was issued with a total of eight penalty points for failure to use a roof light and driving with an expired vehicle plate.
A question was asked about notification in respect of the availability of the plate to which the Licensing Officer replied.
The driver’s representative then presented the driver’s case to the Committee and confirmed that the content of the appendices was correct and the driver had felt that the issued penalty points was the punishment for neglecting to pick up the new plate. Mitigating circumstances were given in respect of why the plate had not been collected.
It was requested that that the dashcam footage was shown to the Committee and the driver was questioned about the footage shown and his driving abilities and the safety of the public to which the driver responded. Further questions were asked by the Committee about the drivers conduct and driving and the other instances outlined within the report and the reasons for his behaviour to which the driver replied.
The Licensing Officer then gave his closing statement and reminded Members that each application needed to be determined on its own merits. Members needed to consider the report and appendices before them and the representations made and decide whether to:
a) Suspend the driver for a defined period of time. b) Revoke the Hackney Carriage driver’s licence on the grounds that the applicant is not a fit and proper person to hold such a licence under Section 61 (1)(b) of the Local Government (Miscellaneous ... view the full minutes text for item 24. |
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Any other business which the Chairman, by reason of special circumstances, decides is urgent.
Minutes: The Committee were notified that at the present time there was no business for the Committee to determine at the meeting scheduled for Friday 11 November 2022 and it was very likely that the meeting would be cancelled. |
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Close of meeting
Minutes: The meeting closed at 12:14. |