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 which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011. Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.

None.

Following introductions, the Chairman explained the procedures to the License Holder.  It was also explained that the substitute Member would remain in the room but could not take part in discussions.

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.

This heading had been inadvertently included on the agenda.

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

The Hearing took place in the presence of the Licence Holder, a Licensing Officer and Assistant Licensing Officer.

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 the Local Government (Miscellaneous Provisions) Act 1976 after the licence holder accrued 6 penalty points on their licence within a 12 month period.

The Licence Holder had notified the Licensing Team of the three points for the conviction dated 24 July 2016 but had failed to notify the Licensing Team of the second set of three points for the conviction dated 23 October 2016 until 6 June 2017 when he completed the statutory declaration for a new vehicle to be licensed.

Councillor Duffield asked for clarification from the Licensing Officer as to whether the dates were correct between the conviction and notification of the first offence.  Members were informed that the Licensing Authority was notified within the time limit allowed on the first occasion.

The Licence Holder was asked to explain the circumstances of why he had not notified the Licensing Authority on the second occasion. The Licence Holder apologised as it was an omission and an oversight on his behalf. He had other matters on his mind at the time and had notified his Insurance provider but had unfortunately forgotten to notify the Licensing Authority.

Following a number of questions to clarify the circumstances and having heard all the evidence the Licence Holder and the Licensing Officers withdrew from the meeting to allow Members to consider their options.

Prior to determination, the License Holder was allowed to return to the Hearing following further information received in relation to a device that had been installed in the vehicle at the License Holder’s own expense.

The Licence Holder, Licensing Officer and Assistant Licensing Officer withdrew, once more, from the Hearing to allow Members to consider their options.

After considering the matter the Panel recalled the Licence Holder, Licensing Officer and Assistant Licensing Officer to the Hearing.

The Chairman advised the License Holder that the Panel had taken into account the circumstances put forward and to the fact that the Council had been notified of the first offence.  However, if it had not been for the declaration of a new vehicle the second set of points may not have been declared even though the Insurance Company had been informed; therefore, this omission had been looked upon as a breach of condition.

The Panel also took into account the fact that no fare paying passengers were on board the vehicle on either occasion; therefore, public safety had not been put at risk.

The Chairman pointed out that a warning letter as to future conduct would be issued and the Panel would take a very dim view of any future convictions.

RESOLVEDnot to suspend or revoke the Licence Holder’s Hackney Carriage/Private Hire driver’s licence.