Agenda and minutes

To approve and sign as a correct record the Minutes of the meeting held on 3 July 2014 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 3 July 2014 be approved and signed as a correct record.

At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The parties to the hearing, press and the public, unless otherwise excluded in accordance with the Access to Information and Procedure Rules, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

RESOLVED that the Sub-Committee may move into private session in order to receive legal advice when determining issues.  The parties to the hearing, press and public, unless otherwise excluded by paragraph 10.4 of the Council’s Access to Information Procedure Rules be invited to return immediately following the private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

Chair to move that in accordance with the Council's Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of item 7 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules.

The information contained therein is potentially exempt as it relates to individual personal details and information held under the Data Protection Act 1998. Having applied the public interest test it is not appropriate to disclose this information as the individuals' legal expectation of privacy outweighs the public interest in the exempt information.

RESOLVED that in accordance with the Council’s Constitution, the press and public be excluded from the meeting in respect of item 7 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules.  The information contained therein is potentially exempt as it relates to an individual’s personal details and information held under the Data Protection Act 1998.

Report of the Head of Legal and Democratic Services seeking determination of suitability of a specific individual to hold a hackney carriage driver’s licence, attached.

MEETING ON 29 JANUARY 2015

The Sub-Committee considered whether to proceed with the hearing in the absence of the hackney carriage driver.

The Licensing Manager explained to the Sub-Committee that a letter dated 14 January had been sent to the driver notifying him of the hearing and that this had been followed up with numerous telephone calls to both him and the family and despite messages being left, contact had not been made.  The driver had previously been very good at responding to the licensing department and therefore it was questioned whether the hackney carriage driver was aware of the hearing.

RESOLVED

(i)  that in the absence of the hackney carriage driver the hearing be adjourned;

(ii)  that the Licensing Manager be given authority to reconvene the meeting at an appropriate time in order to give the hackney carriage driver a further opportunity to attend the hearing; and

(iii)  that correspondence makes it clear that in the event the driver fails to attend on the next occasion the hearing shall proceed in his absence.

ADJOURNED MEETING ON 26 FEBRUARY 2015

The Sub-Committee considered the suitability of a specific individual to hold a hackney carriage driver’s licence.

The driver and his solicitor were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee viewed CCTV evidence disclosed by the Police.

The Sub-Committee considered the decision in private session in order to receive legal advice when determining issues.

RESOLVED not no impose a suspension or revocation on the licence in this case.

After private deliberation the Sub-Committee reconvened and the Chair read the following decision with reasons:

All parties will receive written confirmation of the decision and reasons.

The Sub-Committee has considered very carefully the report of the Head of Legal and Democratic Services and all the evidence presented today by the Licensing Manager, the driver and his solicitor.  Human Rights legislation has also been borne in mind.

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 and the guidelines relating to the relevance of convictions (policy). 

The Sub-Committee considered all the facts and have decided not to impose a suspension or to revoke the licence in this case.

Reasons for Decision

The Sub-Committee accepted legal advice that a suspension, if awarded, is not to be considered as a punishment but may be considered in terms of its deterrent effect on the driver.  In this instance the Sub-Committee was satisfied that a deterrent was not required due to the specific facts and unusual circumstances in this particular case.

The Sub-Committee does take convictions for violence offences particularly seriously and accepts that the policy indicates that a single conviction for such an offence would ordinarily prevent an applicant or existing driver from holding a licence for a period of at least three years.  However, the Sub-Committee has heard sufficient evidence to warrant a departure from the terms of the policy and exercise its discretion as set out in paragraph 2 (of that policy):

“some discretion  ...  view the full minutes text for item 9.