Agenda and minutes

To approve and sign as a correct record the Minutes of the meeting held on 27 March 2024 and to deal with any matters arising, attached.

RESOLVED: that the minutes for the Sub-Committee meeting on 27 March 2024 be approved and signed as a correct record.

Chair to move that in accordance with the Council's Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of item 7 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules.

The information contained therein is potentially exempt as it relates to individual personal details and information held under data protection legislation. Having applied the public interest test it is not appropriate to disclose this information as the individuals' legal expectation of privacy outweighs the public interest in the exempt information.

The Chair moved that in accordance with the Council's Constitution, specifically the Access to Information Procedure Rules contained within the Constitution, the press and public be excluded from the meeting in respect of item 7 based on Categories 1 and 2 of paragraph 10.4 of the Access to Information Procedure Rules. The information contained therein is potentially exempt as it relates to individual personal details and information held under data protection legislation.

RESOLVEDthat having applied the public interest test it was not appropriate to disclose this information as the individuals’ legal expectation of privacy outweighed the public interest in the exempt information.

At a predetermined point during the consideration of all items the Sub-Committee may move into private session in order to receive legal advice when determining issues. The parties to the hearing, press and the public, unless otherwise excluded by Categories 1 and 2 of paragraph 10.4 of the Council’s Access to Information Procedure Rules, will be invited to return immediately following that private session at which time the matter will be determined and the decision of the Sub-Committee will be announced.

RESOLVED that at a predetermined point during the consideration of all items the Sub-Committee would move into private session in order to receive legal advice when determining issues.  The parties to the hearing, press and public, unless otherwise excluded by the Council’s Access to Information Procedure Rules would be invited to return immediately following that private session at which time the matter would be determined and the decision of the Sub-Committee would be announced.

The Sub-Committee has considered very carefully the report of the Executive Director – Growth & Prosperity, all of the supporting evidence received prior to the hearing and all of the evidence presented today by the Licensing Officer, the Hackney Carriage Driver and his representative.

The Sub-Committee has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 “the Act” and the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act, the Crime and Disorder Act,1998 and the Equality Act 2010, have been borne in mind whilst making the decision.

The Sub Committee considered the Human Rights Act 1998 during its deliberation and on legal advice, accepted that personal circumstances, including financial implications, could not be taken into account.

The Sub-Committee considered the Driver's history as a licensed driver, the detailed report of the Senior Licensing Officer, and the Licensing policy, in particular theGuidance on Determining the Suitability of Applicants in the Hackney Carriage and Private Hire Trades.

The Sub-Committee has heard from the Licensing Officer, an Advocate for the Hackney Carriage Driver, and the Hackney Carriage Driver.

The Sub-Committee considers it proportionate and necessary to suspend the Hackney Carriage Drivers Licence: for a period of one month, and until the completion of the Taxi Driver Remedial Course provided by Blue Lamp Trust at his own expense, whichever is the latter.

Reasons for Decision

The Sub Committee heard evidence relating to 4 separate complaints from individuals that are not known to each other.

The Sub Committee carefully considered each incident, in light of representations made by the Hackney Carriage Driver and his representative.

10^th April 2023

The Hackney Carriage Driver stated that he does not recall this incident. The Sub Committee found in the absence of any point of view from the Driver on this and therefore the absence of any arguments to the contrary, and in light of the fact that the complaint was raised in the first place, it was likely the events did happen as described. 

10^th August 2023

 The Hackney Carriage Driver did not dispute that this incident occurred and advised that his reaction was because he was scared and startled by the cyclist. When gesticulating at the cyclist, he admits that he put his hand up and exclaimed “get off your bike” but that this was not in an aggressive tone. It was noted that the complainant was not the cyclist, but a third party who witnessed the incident. The sub-committee had taken his recollection into account but finds that if the manner was not aggressive in nature, then the complaint from the third party would not have been made. The sub-committee were concerned that the behaviour was concerning enough to a third party that they felt the need to make a complaint.

 29^th August 2023

The Hackney Carriage Driver admitted that the circumstances in the complaint are correct, and that it was 100% his fault. He admits that  ...  view the full minutes text for item 4.