Venue: Virtual Meeting
Contact: Carole Oliphant Member Services Officer
Apologies and Substitute Members
To receive any apologies for absence and notices of appointment of Substitute Members (if any).
The were no apologies or substitute members
Chairman - Election
To elect a Chairman for the Sub Committee Hearing.
Cllr J Downes was duly elected Chariman
To note the protocol for remote meetings.
The Sub Committee NOTED the *protocol for remote meetings.
Note: *Protocol previous circulated and attached to the minutes
Access to Information - Exclusion of the Press and Public
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)
To determine whether or not an applicant is fit and proper to hold a hackney carriage/private hire licence
The Council are responsible for licensing the Hackney Carriage and Private Hire trade in Mid Devon, with the primary aim of protecting the public. In this case, and based on previous compliance issues, the Regulatory Sub-Committee are being asked to consider an existing Private Hire Vehicle Licence, as well as an application for a new Private Hire Operators Licence.
Members of the Sub Committee and officers introduced themselves.
Members of the Sub Committee confirmed that they had no interests to declare.
The Lead Licensing Officer 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 and the results of previous hearings called.
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.
Having reflected on the evidence presented to them the Sub Committee returned and the Chairman made the following statement:
The Sub Committee had taken into account the report of the Licensing Officer and the applicants statements.
In particular, the Sub Committee noted the following:
· Repeated failures to ensure that the administration of previous vehicle licence paperwork was in order in line with your duty; and
· these failures have been annually since 2010 (apart from 2014), even with assistance from the Licensing Team with reminders and a table of dates being sent; and
· driving without an MOT which would invalidate the insurance and the effect on the passengers and public safety
· Operating without a Private Hire Operators Licence
· Late renewal of the various licences
· The potential effect that these failures could have had on any passengers using the taxi and the public safety
· Non compliance with the MDDC Hackney Carriage and Private Hire Licensing Policy
It was therefore RESOLVED that :
1. The existing Private Hire Vehicle Licence be revoked
2. The application for Private Hire Operators Licence be refused
The Chairman advised that although they had considered the personal circumstances of the case and the applicant that the overriding priority of the Licensing Authority was public safety.