Agenda and draft minutes

To receive any apologies for absence and notices of Substitution (if any).

There were no apologies or substitute Members

To elect a Chairman for the Hearing.

Cllr A Wilce was duly elected Chairman of the Sub Committee

Members to note the Remote Meetings Protocol.

The Sub Committee had before it, and NOTED, the *Remote Meetings Protocol

Note: *Protocol previously circulated and attached to the minutes

A HEARING TO DETERMINE WHETHER OR NOT A LICENCE HOLDER IS FIT AND PROPER TO HOLD A HACKNEY CARRIAGE / PRIVATE HIRE DRIVER LICENCE WITH MID DEVON DISTRICT COUNCIL.

The Members and Officers introduced themselves.

Prior to consideration of a report from the Group Manager for Public Health and Regulatory Services to consider whether or not a license holder was fit and proper to hold a licence (or Licenses) with Mid Devon District Council the Sub Committee discussed whether or not the hearing should be held in public or private. Members considered the circumstances of the case and agreed that the hearing should be conducted in closed session. The following resolution was therefore passed:

ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC

RESOLVED that under section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, namely information relating to an individual.

 (Proposed by Cllr D J Knowles and seconded by Cllr S J Penny)

The Specialist Lead Licensing Officer outlined the contents of the report and explained the key aims and objectives within the policy, those being public safety along with the prevention of crime and disorder. The options before the Sub Committee in relation to the licence were also outlined.

The Officer explained that the hearing was to determine if the applicant was a fit and proper person to hold a hackney carriage/private hire licence in light of seven complaints being brought against him. He informed the Sub Committee that the Licence Holder had held a licence since 2010 and that a DVLA check on 1^st March 2021 did not show any penalty points to consider. He explained that the licence holder had been fully informed of the complaints submitted against him and he had been given every opportunity to respond to the allegations or to dispute any of the information. The Licence Holder had not submitted any evidence but had confirmed to the Licensing Officer that he had been speeding on two occasions highlighted and that he was also half-asleep at the time of one of the speeding occasions.

In response to a question asked, the Specialist Lead Licensing Officer confirmed that the Licence Holder had been spoken to by his previous employer about some of the allegations and issued with a warning; he had also been spoken to by Devon County Council in relation to 2 of the incidents. The Licence Holder was provided with all the evidence against him and with details of the hearing to be held but had confirmed verbally that it was not his intention to attend or to provide any additional information.

The Sub Committee then withdrew to consider the evidence.

Having reflected on the evidence presented to the Sub Committee:

RESOLVED that the existing Hackney Carriage/Private Hire Driver Licence be revoked immediately as the Sub-Committee did not feel that the Licence Holder was a fit and proper person to hold a licence.

In particular, the Sub-Committee noted the following:

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