Agenda and minutes

To elect a Chairman for the Hearing.

RESOLVED that Cllr T G Hughes be elected Chairman of the Sub Committee for the meeting.

Cllr Hughes then took the Chair.

To receive a report from the Head of Human Resources and Development considering, in the light of information received, whether two licensed hackney carriage / private hire drivers can continue to be considered ‘fit and proper’ to hold their licence.

Prior to discussion of this item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 paragraph 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one or more of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. The exempt information in question is the identity and financial or business affairs of the taxi drivers.

ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC

RECOMMENDED 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 section 100l and paragraph 1, 2 and 3 of Part 1 of Schedule 12A of the Act, namely information relating to any individual, information which is likely to reveal the identity of an individual and information relating to the financial or business affairs of any particular person (including the authority holding that information).

The Chairman introduced the Members of the Sub Committee to those present.

Prior to consideration of a report of the Head of Human Resources and Development considering whether two licensed hackney carriage / private drivers could continue to be considered ‘fit and proper’ to hold their licence, the Sub Committee discussed whether or not the Hearing should be held in public or private. Members considered that the circumstances of the case would be likely to reveal the identity of the taxi drivers as well as details relating to their personal life and business affairs. 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 section 100l and paragraph 1, 2 and 3 of Part 1 of Schedule 12A of the Act, namely information relating to any individual, information which is likely to reveal the identity of an individual and information relating to the financial or business affairs of any particular person (including the authority holding that information).

The Public Health and Professional Services Manager outlined the contents of the report and stated that the taxi drivers in question had chosen not to attend the Hearing.

The Sub Committee heard evidence from two Safety, Compliance and Fleet Officers from Devon County Council as well as the Lead Licensing Officer from Mid Devon District Council.

Having reflected on the evidence presented to them the Sub Committee RESOLVED that the licences relating to each of the hackney carriage / private hire drivers be revoked with immediate effect. Their decision was based on the following reasons:

• There was clear evidence, including an admission from one of the drivers, that bookings had been undertaken in unlicensed vehicles.
• There was also evidence that despite Devon County Council having prohibited one of the taxi drivers from carrying out school contracts a booking had indeed taken place by this individual despite this prohibition.