To receive apologies for absence.

None.

The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011.  Those Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.

None.

Following introductions the meeting commenced. The procedures were explained to the Licence Holder. The substitute member, Councillor Dowling remained in the room to observe and did not take part in the hearing.

To consider passing the following resolution:

“That under Section 100(A)(4) of the Local Government Act 1972, the press and the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A to the Act.”

Part B – Item from which the press and the public are excluded

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the press and the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Schedule 12A to the Act.

Report of Executive Manager for Public Protection.

The Licensing Panel heard the application in accordance with the Council’s agreed procedure.

The Hearing took place in the presence of the Licence Holder, Licensing Officer, and the Legal Services Manager.

The Licensing Officer presented the report which was to determine the consideration of suspension or revocation of a Hackney Carriage/Private Hire Drivers Licence in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 following the receipt of a number of complaints. The Panel were also shown video dash cam footage of a motoring incident.

Members were asked to consider the information in the report to determine if the Licence Holder remained a fit and proper person to hold a Breckland Council Hackney Carriage/Private Hire Drivers Licence, in line with legislation and policy, and was a safe and suitable person for the role.

The Licence Holder was given the opportunity to speak and explained the incidents listed in the report. Following a number of questions to clarify the circumstances and reasoning the Licence Holder and the Licensing Officer withdrew from the meeting to allow Members to consider their options.

Whilst the Panel made its determination, the Substitute Hearing Panel Member remained in the room but did not take part in the discussion. The Licence Holder and the Licensing Officer were then invited back to hear the decision.

The Legal Services Manager advised the Licence Holder that in considering the decision the Members had taken into account the fact that safety of the public was paramount, and that as a taxi driver the Licence Holder must be a person of trust. The Panel’s principle consideration was whether property or wellbeing of the public were at risk.

The Committee had considered Breckland Council’s Licensing Procedures and Policy, The Institute of Licensing Guidance, issued April 2018, and whilst the Committee had not yet incorporated this into their policy, it was appropriate to take into account, the evidence, the Local Government (Miscellaneous Provisions) Act 1976 and the Town & Police Clauses Act 1847.

The Panel had also taken into account the fact that the Licence Holder had received a written warning on 19 June 2019 in accordance with Breckland’s Corporate Enforcement Policy, which made it clear that if any further complaints were received it would be referred to the Licensing Hearing Panel.

The Panel also noted that the two previous incidents that had led to the written warning were previously accepted by the Licence Holder although today the Licence Holder stated that the incidents were as a result of being verbally abused by others and had taken all steps possible to avoid being drawn into further confrontations. The Licence Holder also stated that there were witnesses to support the incidents but had not asked them to attend the meeting or produced any evidence from them to support the account.

The Licence Holder accepted that the incidents on paper did not look good, but had accepted the reprimands from the Licencing Team at the time and decided not to challenge and had hoped  ...  view the full minutes text for item 15/19