Agenda and draft minutes

There were no substitutions at the meeting.

The following member declared a Personal Interest –

Member

Councillor S Armitage

Nature of Interest

Personal Licence Holder

No lobbying was declared.

Resolved– That the minutes of the meeting held on 29 February 2024, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chairman.

Resolved– That the public be excluded from the meeting for consideration of the following items (Minutes 2036 and 2037 refer) on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

The Director: Communities submitted a report advising members of a review of a Hackney Carriage and Private Hire Operators Licence to be determined by the sub-committee.

The report contained background information on the process for determining such requests, the information to be taken into account and the circumstances in which the sub-committee could revoke a licence.

The options available to the sub-committee when considering such information were:

Ø  To take no action.

Ø  To warn the licence holder regarding their future conduct.

Ø  To add additional conditions to the licence.

Ø  To suspend the licence for a set period of time.

Ø  To revoke the licence.

Should the sub-committee revoke the licence or impose additional terms, conditions or restrictions then the licence holder may appeal to the Magistrates Court within 21 days from the date on which they were notified of the decision. 

Should the Magistrates uphold the decision of the council, the licence holder had further recourse to the Crown Court.

The procedure for dealing with such requests at meetings of the sub-committee had previously been circulated to members.

The Licensing Authority presented the reason for the review being considered by the sub-committee.

The licence holder attended the hearing, accompanied by their legal representative, who made submissions and responded to questions.

Resolved - “That after hearing the submissions made by the licence holder, their legal representative, and the Licensing Authority at the hearing on the 21 March 2024, the Licensing (Miscellaneous) Sub-Committee carefully considered the information presented, including their responses to questions, and that contained within the agenda bundle as part of their deliberations.

The sub-committee were deeply concerned with the number of vehicles held by the licence holder under their proprietor’s licence that, upon inspection by the council’s Licensing Officer’s and Fleet Services Department, were deemed to not be to the standard required under the council’s Hackney Carriage and Private Hire Licensing Policy. In addition, they were also concerned that the licence holder had failed to notify the council’s Licensing Authority of their vehicles being involved in accidents on two occasions, and that the licence holder’s booking records were not compliant with the council’s Hackney Carriage and Private Hire Licensing Policy and mandatory conditions. As a result of the breaches of the Hackney Carriage and Private Hire Licensing Policy and conditions attached to their licence identified during July 2022 and February 2024, the licence holder had been issued with 50 warning points to their licence.

The sub-committee gave particular weight to the fact that the licence holder had put sufficient operational procedures in place to prevent vehicles from failing to meet the standard required under the Hackney Carriage and Private Hire Licensing Policy, which included the drivers undertaking and completing daily vehicle check sheets which were to be handed to the licence holder, all vehicles being serviced every 3 months at a mechanical garage owned by the licence holder, and that a new booking system had been installed and was in operation.

Furthermore, the sub-committee gave great  ...  view the full minutes text for item 2057.

The Director: Communities submitted a report advising members of a review of a Hackney Carriage and Private Hire Vehicle Drivers Licence to be determined by the sub-committee.

The report contained background information on the process for determining such requests, the information to be taken into account and the circumstances in which the sub-committee could revoke a licence.

The options available to the sub-committee when considering such information were:

Ø  To take no action.

Ø  To warn the licence holder regarding their future conduct.

Ø  To add additional conditions to the licence.

Ø  To suspend the licence for a set period of time.

Ø  To revoke the licence.

Should the sub-committee revoke the licence or impose additional terms, conditions or restrictions then the licence holder may appeal to the Magistrates Court within 21 days from the date on which they were notified of the decision. 

Should the Magistrates uphold the decision of the council, the licence holder had further recourse to the Crown Court.

The procedure for dealing with such requests at meetings of the sub-committee had previously been circulated to members.

The Licensing Authority presented the reason for the review being considered by the sub-committee.

The licence holder attended the hearing, accompanied by their legal representative, who made submissions and responded to questions.

Resolved – That after hearing the submissions made by the licence holder, their legal representative, and the Licensing Authority at the hearing on the 21 March 2024, the Licensing (Miscellaneous) Sub-Committee carefully considered the information presented, including their responses to questions, and that contained within the agenda bundle as part of their deliberations.

The sub-committee were deeply concerned with the number of vehicles held by the licence holder under their proprietors licence that, upon inspection by the council’s Licensing Officer’s and Fleet Services Department, were deemed to not be to the standard required under the council’s Hackney Carriage and Private Hire Licensing Policy. In addition, they were also concerned that the licence holder had failed to notify the council’s Licensing Authority of their vehicles being involved in accidents on two occasions, and that a complaint had been received by a member of the public. As a result of the breaches of the Hackney Carriage and Private Hire Licensing Policy and conditions attached to their licence identified during July 2022 and February 2024, the licence holder had been issued with 50 warning points to their licence.

The sub-committee considered the facts of the complaint made regarding an incident with a vulnerable wheelchair passenger and the measures that the licence holder had put in place to prevent such situation happening again.

The sub-committee also gave great consideration and particular weight to paragraphs 4.25 and 4.26 of the adopted Guidance on determining the suitability of applicants and licensees in the Hackney and Private Hire trade produced by the Institute of Licensing, and paragraph 5.14 of the statutory taxi and private hire vehicle standards during their deliberations. The sub-committee were satisfied that the licence holder could undertake their duties as a  ...  view the full minutes text for item 2058.

The Director: Communities submitted a report advising members of a review of a proprietor of Hackney Carriage and Private Hire Vehicle Licences to be determined by the sub-committee.

The report contained background information on the process for determining such requests, the information to be taken into account and the circumstances in which the sub-committee could revoke a licence.

The options available to the sub-committee when considering such information were:

Ø  To take no action.

Ø  To warn the licence holder regarding their future conduct.

Ø  To add additional conditions to the licence.

Ø  To suspend the licence for a set period of time.

Ø  To revoke the licence.

Should the sub-committee revoke the licence or impose additional terms, conditions or restrictions then the licence holder may appeal to the Magistrates Court within 21 days from the date on which they were notified of the decision. 

Should the Magistrates uphold the decision of the council, the licence holder had further recourse to the Crown Court.

The procedure for dealing with such requests at meetings of the sub-committee had previously been circulated to members.

The Licensing Authority presented the reason for the review being considered by the sub-committee.

The licence holder attended the hearing, accompanied by their legal representative, who made submissions and responded to questions.

Resolved – That after hearing the submissions made by the licence holder, their legal representative, and the Licensing Authority at the hearing on the 21 March 2024, the Licensing (Miscellaneous) Sub-Committee carefully considered the information presented, including their responses to questions, and that contained within the agenda bundle as part of their deliberations.

The sub-committee were deeply concerned with the number of vehicles held by the licence holder under their proprietors licence that, upon inspection by the council’s Licensing Officer’s and Fleet Services Department, were deemed to not be to the standard required under the council’s Hackney Carriage and Private Hire Licensing Policy. In addition, they were also concerned that the licence holder had failed to notify the council’s Licensing Authority of their vehicles being involved in accidents on two occasions. As a result of the breaches of the Hackney Carriage and Private Hire Licensing Policy and conditions attached to their licence identified during July 2022 and February 2024, the licence holder had been issued with 50 warning points to their licence.

The sub-committee gave particular weight to the fact that the licence holder had put sufficient operational procedures in place to prevent vehicles from failing to meet the standard required under the Hackney Carriage and Private Hire Licensing Policy, which included the drivers undertaking and completing Daily Vehicles Check Sheets which were to be handed to the licence holder, and all vehicles being serviced every 3 months at a mechanical garage owned by the licence holder.

Furthermore, the sub-committee gave great consideration and particular weight to paragraph 4.54 of the adopted Guidance on determining the suitability of applicants and licensees in the Hackney and Private Hire trade produced by the Institute of Licensing, and  ...  view the full minutes text for item 2059.