Agenda and minutes

Licensing (General) Sub-Committee - Wednesday, 19th February, 2025 1.30 pm

Venue: Conference Room 3 - Civic Centre. View directions

Contact: Joni Goodman, Democratic Support Officer 023 8083 2302

Items
No.	Item
8.	Minutes Of The Previous Meeting (Including Matters Arising) PDF 278 KB To approve and sign as a correct record the Minutes of the meeting held on 24 July 2024 and to deal with any matters arising, attached. Minutes: Resolved That the minutes of the subcommittee held on 24 July 2024 be approved as a correct record.
9.	Exclusion Of The Press And Public 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.
10.	Exclusion Of The Press And Public - Legal Advice 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 the Licensing Act 2003 (Hearings) Regulations 2005, 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.
11.	Private Hire Driver Application View the reasons why item 11. is restricted Confidential report of the Executive Director for Place to consider whether the applicant is a fit and proper person to hold a Private Hire Driver’s Licence. Additional documents: Restricted enclosure 5 View the reasons why document 11./2 is restricted Restricted enclosure 6 View the reasons why document 11./3 is restricted Restricted enclosure 7 View the reasons why document 11./4 is restricted Restricted enclosure 8 View the reasons why document 11./5 is restricted Restricted enclosure 9 View the reasons why document 11./6 is restricted There are a further 5 documents.View the full list of documents for item 11. Minutes: The Sub-Committee has considered very carefully the report of the Executive Director – Place, all of the supporting evidence received prior to the hearing and all of the evidence presented today by the Senior Licensing Officer,the Applicant and his interpreter. 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 Licensing Enforcement Officer, his witness Licensing Manager Phil Bates the Applicant, his interpreter and witness were present and, with the consent of the Chair, addressed the meeting. The Sub-Committee considered the decision in private session in order to receive legal advice when determining issues. RESOLVED that the Applicant is not a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976 “the Act” and refuse to grant a Private Hire Driver’s Licence. REASONS The Sub-Committee has considered very carefully the report of the Executive Director – Place, all of the supporting evidence received prior to the hearing and all of the evidence presented today by the Licensing Officer. The Sub-Committee also heard from the Licensing Officer involved in this matter. The Licensing Officer set out the following details – The Applicant faced serious allegations relating to drugs and an offensive weapon. He chose not to respond to either the Licensing Authority or the police when questioned There were inconsistencies in the explanations he had given at different times including at the meeting today. The Applicant attended and answered questions and made representations through his interpreter. The Sub-Committee was not satisfied with the account given regarding the drugs allegations and although the Applicant stated after testing there were no drugs, no evidence of that was brought to the meeting. This was not true as far as the Tramadol was concerned in any event. The amount of Tramadol was a concern and the explanation for this was not found to be plausible by the Sub-Committee. The Sub-Committee was very concerned about the knife in the vehicle. It was placed in easy reach for the driver, and it was a worry that the Applicant stated he did not know it was wrong. Even if the Applicant’s explanations were accepted it demonstrated a lack of care in not clearing his vehicle after a shift and lost property potentially not being located. The Sub-Committee believed that the Applicant had provided inconsistent accounts and explanations for the allegations at various times and chose to provide no response to either the police or the Licensing Authority in the immediate aftermath. The Sub-Committee also considered the Taxi Licensing Policy and in particular the Guidance on ... view the full minutes text for item 11.