Agenda and draft minutes

Venue: The Norfolk Room, The Conference Suite, Elizabeth House, Walpole Loke, Dereham

Contact: Democratic Services 

Items
No. Item

6118.

Apologies (Agenda item 1)

To receive apologies for absence.

Minutes:

None.

6218.

Declaration of Interest (Agenda item 2)

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.

 

Minutes:

None declared.

6318.

Procedures (Agenda item 3) pdf icon PDF 62 KB

Minutes:

The procedures were explained.

 

The substitute member remained in the room but did not take part in discussion.

 

6418.

Exclusion of Press and Public (Agenda item 4)

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

 

Minutes:

RESOLVED  that the 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.

6518.

Consideration of suspension or revocation of a Hackney Carriage/Private Hire Drivers Licence (Agenda item 5)

Report of the Executive Manager, People & Public Protection.

Additional documents:

Minutes:

The Licensing Hearing 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 an Assistant Licensing Officer and a graduate working for the Council’s Legal Team.

 

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 failed to notify the Licensing Team within the required time period on both occasions.

 

Members were informed of an amendment to the report.  The Licence Holder had held a Breckland Council Hackney Carriage/Private Hire Drivers licence since 20/11/2002 and not 01/12/2008.  A supplementary agenda had been issued showing this correction. 

 

The Licence Holder was asked to explain the circumstances of why he had not notified the Licensing Authority within the required time period. The Licence Holder apologised as it was an omission and an oversight on his behalf. He had notified the Council by way of a letter on the return of his medical report; however, the letter was dated 28 September 2018, nearly 3 months after first offence had been committed. Again, the Council was not notified until 24 October 2018 following the second offence committed on 26 September 2018.  The Licensing Holder was fully aware of the conditions listed in the Breckland Council Hackney Carriage and Private Hire Licensing Procedures and apologised once more.   Failing to notify the Council, did not, in his opinion, constitute him being a risk to the public and assured Members that he was a fit and proper person to hold a hackney carriage drivers licence.

 

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.

 

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 all of the information presented and in particular the Local Government (Miscellaneous Provisions) Act 1976, the Town and Police Clauses Act 1847 and the guidance on determining the suitability of applicants and licences in the Hackney Carriage & Private Hire Trades as issued by the Institute of Licensing in April 2018 which although had not yet been formally adopted by Breckland Council was still appropriate to be taken into account.

 

The Panel also took into account the fact that the licence holder had held a taxi licence since November 2002, and that 2 driving offences had been committed in close proximity to each other - travelling at a speed of 37mph in a 30mph speed limit, of which the Panel took very seriously.  Additionally, the licence holder failed to notify the Licensing Team of both offences within the 7  ...  view the full minutes text for item 6518.