RECOMMENDED:

(a)  That, under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item as it involves the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

(b)  That all documents and reports relating to the item be confirmed as “Not for Publication”.

RESOLVED:

(i)            That, under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following items as they involved the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information).

(ii)          That all documents and reports relating to the items be confirmed as “Not for Publication”.

RESOLVED, that everyone be excluded from the meeting with the exception of Members, the Legal representative and Committee Clerk in order for the Sub-Committee to receive legal advice in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972.

RESOLVED that everyone be re-admitted to the meeting.

The Chairman requested that the Committee Clerk read the proposed decision, which was voted upon and agreed.

RESOLVED, that the Application for the Grant of a Hackney Carriage and a Private Hire Driver’s Licence (reference PFND006) be granted.

Having listened to the Applicant and considered the Licensing Officer’s report the Sub-Committee were satisfied that he was a fit and proper person.  Having been out of the Criminal Justice system for over 17 years the Sub-Committee were happy that the Applicant would not return to criminal activity and were happy to grant both the licences.

Also present:

The Applicant.

The Chairman introduced himself.  The Members introduced themselves as did the other Officers present.

The Senior Legal Officer summarised the Hearing process.

The Licensing Officer presented his report, (circulated previously) regarding the Disciplinary Hearing of a Hackney Carriage and Private Hire Licensed Driver (Reference PFDD0007).  In response to a question on whether the penalty points had been notified to the authority correctly the Licensing Officer advised that the Applicant had stated that he had telephoned customer services with the information and had not notified the authority in writing.  No record had been found as to the telephone call. 

The Applicant presented his case explaining how he had accrued penalty points in two separate incidents and that he had been at fault for not familiarising himself with the policy handbook and did not know the procedure for notifying his offences to the Local Authority.  He had previously attended a speed awareness course.  He had changed how he worked to avoid pushing himself to get to jobs.  He had been a driver for over ten years and drove about 100,000 miles in a year.

In response to questions from the Sub-Committee the Applicant confirmed he had changed his working pattern to prevent being squeezed for time.

The Licensing Officer summed up.

The Applicant summed up.

RESOLVED, that everyone be excluded from the meeting with the exception of Members, the Legal representative and Committee Clerk in order for the Sub-Committee to receive legal advice in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972.

RESOLVED that everyone be re-admitted to the meeting.

The Chairman requested that the Committee Clerk read the proposed decision, which was voted upon and agreed.

RESOLVED that the Sub-Committee take no further action.

In reaching its decision the Sub-Committee had considered the Applicant’s case and warned the Applicant that if he gained any further points not only would the Magistrate’s Court deal with the matter, but he would find himself being required to attend before a Sub-Committee again when the likely outcome would be suspension or revocation of his licences.