Agenda and minutes

To approve and sign as a correct record the Minutes of the meeting held on 12 October 2017 and to deal with any matters arising.

RESOLVED that the minutes of the meeting held on 12 October 2017 be approved and signed as a correct record.

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.

The Chair moved 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.

RESOLVED that having applied the public interest test it was not appropriate to disclose this information as the individuals' legal expectation of privacy outweighed the public interest in the exempt information.

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, press and the public, unless otherwise excluded by Category 4 of paragraph 10.4 of the Council's Access to Information 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 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 by Category 4 of paragraph 10.4 of the Council's Access to Information Procedure Rules, would be invited to return immediately following that private session at which time the matter would be determined and the decision of the Sub-Committee announced.

Report of Service Director of Transactions and Universal Services to consider whether the applicant is a fit and proper person to hold a hackney carriage driver's licence.

The Sub-Committee considered the report of the Service Director of Transactions and Universal Services to determine whether the applicant was a fit and proper person to hold a hackney carriage driver’s licence.

The Licensing Manager, the applicant and the Chair of Southampton Hackney Association were present and with the consent of the Chair addressed the meeting.

The Sub-Committee considered very carefully all the evidence presented including the references submitted at the meeting. 

Due regard was given to the Local Government (Miscellaneous Provisions) Act 1976 “the Act” and the guidelines relating to the application of the “fit and proper person” test and other consideration of character. 

The Sub-Committee considered all the facts and decided that the applicant was not a fit and proper person in accordance with the Act and his application for a hackney carriage driver’s licence was refused.

It was determined that in light of the reasons for the previous decision to exclude the press and public from the hearing, the reasons for decision ought not to be published.