Agenda and draft minutes

To receive any apologies or substitute members

There were no apologies

To elect a Chairman for the Sub Committee

Cllr L Taylor was elected Chairman of the Sub Committee

Members to note the remote meetings protocol

The Sub Committee had before it, and NOTED, the *remote meeting protocol

Note: *Remote meeting protocol previously circulated and attached to the minutes

During discussion of the following item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 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 of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Sub 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. 

To consider passing the following resolution so that information relating to an individual may be discussed.

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 paragraph 1 respectively of Part 1 of Schedule 12A of the Act, namely information relating to any individual.

RESOLVED that under Section 100A (4) of the local Government Act 1972, the public be excluded from the meeting 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 the Chairman)

The Council are responsible for licensing the Hackney Carriage and Private Hire trade in Mid Devon, with the primary aim of protecting the public.

The Sub Committee to decide, in light of the information set out within the report and the response of the licence holder, whether or not the individual is considered fit and proper to hold a licence with this authority

Members of the Sub Committee and officers introduced themselves. 

Cllr J M Cairney declared a Personal Interest as he had used the Taxi company for personal use.

The Group Manager for Public Health and Regulatory Services outlined the contents of the report, explaining the responsibility of the Local Authority and informing the applicant where the Hackney Carriage and Private Hire Policy could be found if required. He explained the key aims and objectives of the hearing, being the protection of public health and safety and the prevention of crime and disorder (as per Mid Devon policy). He highlighted that the priority is always the safety of the public and the prevention of crime.

He then outlined the history of the case.

The Members of the Sub Committee then questioned the applicant and gave them an opportunity to present their case to them.

The Sub Committee then withdrew to deliberate the case.

The Sub Committee returned and the Chairman made the following statement:

The Sub Committee had taken into account the report of the Licensing Officer, the driver, together with the representations today.

In particular, the Sub Committee noted the following:

·         Whether the driver was fit and proper

·         The driver had carried out the mandatory safeguarding training as required

·         Inappropriate use of the customers personal data

·         Level of persistency and opportunities to cease the contact

·         The driver was the one in a position of authority

·         Messages were inappropriate, the passenger felt intimidated, uncomfortable

·         The potential effect on any passengers using the taxi and the public safety

·         The driver had not complied with the MDDC Hackney Carriage and Private Hire Licensing Policy

·         The driver had no other complaints in the history of 15 years as a driver

It was therefore RESOLVED that :

1.    The Existing HC/Private Hire Driver Licence be suspended immediately for a period of 2 months

2.    That he must carry out safeguarding training prior to the expiry of the suspension period