Agenda and draft minutes

Venue: Anglia Room, Elizabeth House, Walpole Loke, Dereham, NR19 1EE

Contact: Democratic Services 

Items
No. Item

21/19

Apologies

To receive apologies for absence.

Minutes:

None.

22/19

Declaration of Interest

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.

23/19

Procedures pdf icon PDF 62 KB

Minutes:

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

24/19

Exclusion of Press and Public

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 under Section 100(A)(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A to the Act.

 

 

25/19

Consideration of suspension / revocation of a Hackney Carriage / Private Hire drivers licence

Executive Manager of People and Public Protection.

Minutes:

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 Officers 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 warnings of failure to display the appropriate signage on the vehicle.

 

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 explain the incidents listed in the report.  Following a number of questions to clarify the circumstances the Licence Holder together with the Licensing Officers withdrew from the meeting to allow Members to consider their options.

 

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

 

The Legal Services Manager advised the Licence Holder that in considering its decision the Panel took 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 Panel had considered Breckland Council’s Licensing Procedures and Policy, the Local Government (Miscellaneous Provisions) Act 1976 and the Town & Police Clauses Act 1847, together with the Licence Holder’s statement made to the Panel.

 

The Panel had been required to consider if the Licence Holder was a fit and proper person.  In order to determine that, the Panel could under the Licensing Procedure take into account any breach of the Licensing conditions.  The relevant condition was that a sign approved by Breckland Council should be permanently fixed to and displayed on each rear door of the vehicle. 

 

The Licence Holder challenged whether there had been a breach of the condition on some of the specific incidents and complaints noted in the report, however the Licence Holder admitted to the Panel that signage was removed when they were not working as a taxi driver.

 

The Panel considered that the Licence Holder was not complying with the condition, however this did not at this time make the Licence Holder an unfit and proper person to hold a taxi licence.  The Panel would therefore not take any action on this occasion, but may do so in the future if the Licence Holder appeared before the Panel again having not complied with the condition moving forward.  The signs and roof light must be displayed at all times whether the vehicle was being used as a taxi or for personal  ...  view the full minutes text for item 25/19