The Corporate and Community Services Officer requested nominations for Chair.

RESOLVED that Councillor York be appointed Chair.

There were no apologies for absence.

(Please complete the form provided at the meeting or telephone Corporate and Community Services to prepare a form for your signature before the meeting.  Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).

There were no declarations of interest announced.

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 likely involves the disclosure of exempt information as defined in Paragraph 1 of Part 1 Schedule 12A of the Act (as amended from time to time), namely information relating to any individual; and

(b)  That all documents and reports relating to the item be confirmed as “Not for Publication”.

RESOLVED:

(a)  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 involve the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to any individual (including that authority holding that information); and

(b)  That all documents and reports relating to the item be confirmed as “Not for Publication”.

Report by Licensing Officer (attached).

Also present, the Licence-holder.

The Chair introduced herself, as did the other Members and Officers present.

The Licensing Officer confirmed all formal requirements had been met in respect of the disciplinary hearing of a Hackney Carriage and Private Hire Licensed driver, reference NBDD0001.

The Legal Officer advising the Sub-Committee (hereafter referred to as LOSC) outlined the hearing procedure which would take the form of a discussion led by the Chair.  In reference to the hearing Statement that the Licence-holder had handed out to the Sub-Committee in which he had stated that Sub-Committees were not backed up by law the LOSC indicated that this was not correct.  The proceedings and any decisions made were authorised by statute, as indeed were those of any magistrates’ court. 

The aim of the Sub- Committee was to hold a fair hearing, and the procedure set out in the North Devon Council Procedures for Licensing and Community Safety Sub-Committee Hearing and the form of discussion at hearings document would be followed, although the Sub-Committee could depart from it if appropriate.

The Licensing Officer presented his report.  A number of complaints had been received over a period during 2021.  These complaints could be found in the agenda pack.  In looking at how best to resolve the matter, due to 14 historical complaints having been received, it was felt the best way forward was for a Sub-Committee to consider the information and make a decision.

The Legal Officer acting for the Licensing Authority (hereafter referred to as LOLA) outlined that the proceedings overriding objectives were to protect the public and the Local Authority had a duty to provide safe Hackney Carriage and Private Hire transport.  Today’s hearing had been delayed to accommodate the Licence-holder’s diary, along with the emergence out of COVID but that all due diligence had been given to the dealing with the matter.

The LOLA requested the first witness be called.

The first witness was invited to recount the incident that had given him cause to make the complaint to the Council.

The first witness explained that he was a retired Police Officer from the Devon and Cornwall Police and whilst in the force had been in the traffic division.  He recounted that in June of 2021 he and his wife was towing a caravan travelling along the dual carriageway towards Barnstaple and moved into the right hand lane to head to the M5 as per the markings on the road.  As he approached the traffic lights to turn, right onto the Taw Bridge he was forced to brake suddenly due to a car ahead swerving to pull into a gap in front of them.  Once the lights had turned red and the traffic had stopped Mr Morley’s wife took a photo of the vehicle.  The lights turned green and the traffic resumed moving he witnessed the vehicle going through a red light causing oncoming traffic to stop to allow him to turn.

The Licence-holder was invited to ask questions of  ...  view the full minutes text for item 22.