Agenda and minutes

Licensing and Community Safety Sub Committee C - Tuesday, 26th January, 2021 11.00 am

Venue: Virtual - Online meeting. View directions

Note: This will be a virtual meeting and will be conducted in line with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020. Please be aware that when you take part in a virtual meeting your phone number and/or your email address will be visible to councillors and officers of North Devon Council attending the committee but will not be visible to members of the public or others. This is required to allow you to be identified on Microsoft Teams, the software used by the Council to hold virtual committees, and will not be used for any other purpose by the Council. For more information, or to exercise your rights, please see www.northdevon.gov.uk/privacy

Items

No.

Item

Virtual meetings procedure - briefing and etiquette

Chair to report

Minutes:

The Chair introduced herself, the other Sub-Committee members and Officers present to the Driver.

The Corporate and Community Services Officer outlined the virtual meeting procedure and etiquette to the Sub-Committee and attendees.

10.

Apologies for absence

Minutes:

There were no apologies for absence.

11.

Declarations of interest

(Please 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).

Minutes:

There were no declarations of interest announced.

12.

Exclusion of Public and Press and Restriction of Documents

(Confidential Restricted Information).

Minutes:

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 item as it involved 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.

(ii) That all documents and reports relating to the following item be confirmed as “Not for Publication”.

13.

Disciplinary Hearing of a Hackney Carriage and Private Hire Licensed Driver (reference HBDD0001)

View the reasons why item 13. is restricted

Report by Licensing Service Lead (attached)

Minutes:

Also present:

The Driver.

The Service Lead , Licensing presented his report in relation to the Disciplinary Hearing of a Hackney Carriage and Private Hire Licensed Driver (reference HBDD0001), (circulated previously) to the Sub-Committee. In summary, the report highlighted that the licensed driver had acquired 12 penalty points on his DVLA driving licence as a result of three speeding offences within three years. He had not been disqualified by the magistrate’s court because his plea of ‘exceptional hardship’ had been accepted.

The Driver was asked to present his case in which he outlined his situation as sole income earner, the type of contracts he undertook and the mileage he covered over a year. He advised the Sub-Committee that he had very good customer reviews and was sorry for the circumstances that had led to the need for the hearing.

Members questioned the Driver.

The Service Lead, Licensing Officer summed up.

The Driver summed up adding that he was determined he would not be seen again in front of a hearing committee.

RESOLVED, that everyone be excluded from the meeting with the exception of Members, the Legal Representative and the Corporate and Community Services Officer in order for the Sub-Committee to receive 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 Chair requested that the Corporate and Community Services Officer read the proposed decision, which was voted on and agreed.

RESOLVED that the Driver undertake an enhanced driving development driving course within nine months and report back to North Devon Council once completed.

The Chair advised the Driver that if any additional points were gained on his licence within 24 months he would appear before this Sub-Committee where his Hackney Carriage and Private Hire licences would likely be revoked.