Agenda and minutes

To approve and sign as a correct record the Minutes of the meetings held on 28^th June 2023 and 26^th July 2023 and to deal with any matters arising, attached.

RESOLVED: that the minutes for the Sub-Committee meetings on 28^th June 2023 and 26^th July 2023 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 data protection legislation. 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 data protection legislation.

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.

RESOLVED: that at a predetermined point during the consideration of all items the Sub-Committee would 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 the Council’s Access to information Procedure Rules would 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.

Report of the Executive Director for Place to consider whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence.

The Sub-Committee considered the report of the Executive Director for Place  to consider whether a specific individual is a fit and proper person to hold a Private Hire Drivers Licence.

The Licensing Officer was present and with the consent of the Chair addressed the meeting.

The Private Hire Driver was not present.

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

RESOLVED: that the driver’s Private Hire Drivers Licence should be revoked.

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

The Sub-Committee has considered very carefully the report of the Executive Director – Place, all of the supporting evidence received prior to the hearing and all of the evidence presented today by the Licensing Officer. The Private Hire Driver did not attend or submit any evidence. The Sub-Committee heard that the Private Hire Driver did not respond to numerous reminders, and so decided to proceed in his absence.

The Sub-Committee has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 “the Act” and Department for Transport Standards relating to the application of the “fit and proper person” test and other considerations of character.

The Human Rights Act, the Crime and Disorder Act,1998 and the Equality Act 2010, have been borne in mind whilst making the decision.

The Sub-Committee has also considered the Taxi Licensing Policy and in particular theGuidance on Determining the Suitability of Applicants in the Hackney Carriage and Private Hire Trades.

The Sub-Committee has considered all the facts and have decided that the driver is nota fit and proper person in accordance with the Act and that his licence should be revoked. 

Reasons for Decision

The Sub Committee heard from the Licensing Officer that the taxi policy as it related to this application states:

‘Before a Private Hire Vehicle Driver's Licence is granted or renewed the applicant must satisfy Southampton City Council that he/she is medically fit to drive a private hire vehicle. For this purpose the applicant shall, produce a recent medical certificate to that effect. Thereafter medical certificates shall be produced by applicants on reaching the age of 45,50,55,60,65 years, and annually from 65 years of age onwards;’

In 2018 the Private Hire Driver’s licence was suspended as no medical form had been received. Notice of the suspension was issued and the private Hire Driver provided a medical form the same day and the suspension was then lifted.

On 20^th June 2023 the Private Hire Driver’s licence was suspended as no medical form had been received. Notice of the suspension was issued by email to the Private Hire Driver and Uber on that date.

On 11^th July 2023 the Private Hire Driver provided a medical form and requested that his suspension be lifted. Upon being advised that the suspension of the Private Hire Driver’s licence had been lifted Uber responded that it had been unaware of the suspension and the private Hire Driver had  ...  view the full minutes text for item 11.