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Resolution to exclude the public and the press The Monitoring Officer has determined that categories 1 & 2 of the Access to Information Procedure Rules applies to the following items. His view on the public interest test (having taken account of the provisions of Rule 14.18 of the Council's Access to Information Rules) was that to make this information public would disclose information relating to:
(i) information relating to any individual
(ii) information which is likely to reveal the identity of an individual.
These factors in his view outweigh the public interest in disclosing this information. Members are asked to consider these factors when determining the public interest test, which they must decide when considering excluding the public from this part of the meeting.
Minutes: RESOLVED that in accordance with Section 100(a)(4) of the Local Government Act 1972 the public and press were excluded from the meeting on the grounds that there would be disclosure to them of exempt information under Paragraphs 12 and 18 of Schedule 12a Part 7 of the above Act in respect of the following item[s].
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Review of a joint hackney carriage and private hire driver's licence |
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Sub-Committee's procedures To receive introductions from the Chair and an explanation of the Sub-Committee’s procedures from the Clerk to the Sub-Committee [Principal Solicitor]. Minutes: The Chair introduced the Sub-Committee and its Clerk.
The Clerk to the Sub-Committee explained the procedures to be followed by the Sub-Committee.
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Review of a licence - JD/03/2022 To consider a review of a Joint Hackney Carriage and Private Hire Drivers’ Licence. Additional documents:
Minutes: Licence holder – JD/03/2022 and family member
Mr R Bowen, Police Licensing Officer
The Senior Licensing Officer presented the licensing authority’s position as outlined in the report [copy filed with the signed minutes]. In response to questions from a councillor the Senior Licensing Officer advised that the Sub-Committee had two courses of action, namely to lift the suspension and reinstate the licence or to revoke the licence. The Senior Licensing Officer advised in response to a question that there were no licensing rules regarding entering a customer’s home, however a licence holder should always act in a professional way at all times. The Sub-Committee was advised that if it was minded to revoke the license, JD/03/2022 could reapply for a licence at any time but a Sub-Committee would be required to consider the application. There were no questions from JD/03/2022 or the Police Licensing Officer.
The Police Licensing Officer read his report. He referred to JD/03/2022‘s response to the allegations when interviewed and advised that he did not consider that he was a fit and proper person to hold a taxi licence. In response to questions from a councillor the Police Licensing Officer advised that the allegations had not been rescinded or withdrawn. As a result, the case could be re-opened for investigation. JD/03/2022 had no questions.
JD/03/2022 addressed the Sub-Committee and apologised for his actions. He stated that he had been a taxi driver for five years and that this was his first mistake. In response to a question from a councillor he advised that he thought he was a fit and proper person and that he hoped he could be given a chance to prove himself.
In summing up the Senior Licensing Officer advised the Sub-Committee should only consider whether JD/03/2022 was a fit and proper person to hold a taxi licence. The Sub-Committee could either lift the suspension and reinstate the licence or to revoke the licence. The Police Licensing Officer reminded the Sub-Committee of JD/03/2022’s response to the allegations and advised that the Sub-Committee had to consider whether he was a fit and proper person to hold a taxi licence. JD/03/2022 advised that he had made a mistake and hoped the Sub-Committee could reinstate his licence.
The Clerk to the Sub-Committee advised that JD/03/2022, Senior Licensing Officer and Police Licensing Officer would leave the meeting, to allow the Sub-Committee to consider, in private, the report and the evidence they had heard, with the support of the Clerk. The Senior Licensing Officer would then be advised of the Sub-Committee’s decision and she would ring JD/03/2022 with the decision.
The Chair thanked all for attending.
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