Agenda and minutes

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.

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].

To consider an application for a Joint Hackney Carriage and Private Hire Drivers’ Licence.

To receive introductions from the Chair and an explanation of the Sub-Committee’s procedures from the Clerk to the Sub-Committee [Principal Solicitor].

The Chair, Sub-Committee members and others introduced themselves.

The Chair explained the procedures to be followed by the Sub-Committee.

Applicant – JD/01/24

Mr R Bowen, Licensing Officer, Dyfed-Powys Police

The Licensing Officer presented the Licensing Authority’s position as outlined in the report [copy filed with the signed minutes].  She advised that the Sub-Committee was being asked to consider whether JD/01/24 is a ‘fit and proper’ (or safe and suitable) person to continue to hold a driver licence.  There were no questions for the Licensing Officer.

JD/01/24 explained the circumstances around the two speeding offences in 2021 and that no customers were in the vehicle at the time of either offence.  He referred the Sub-Committee to the letters of support received from customers and that he had never received any complaints from customers.  He advised he took the wellbeing of his customers seriously and explained the range of work he undertook.  In response to a question from the Licensing Officer he advised that no customers had complained about his driving.  The Licensing Officer advised in response to a question from JD/01/24 that no complaints from customers had been received by the Licensing Authority against JD/01/24.

The Sub-Committee noted that JD/01/24 spoke passionately about his responsibility to customers but asked about his responsibility to other road users.  JD/01/24 stated he was very sorry for speeding and that no further offences had occurred since 2021.  In response to a question about why he had not reported the two speeding offences to the Licensing Authority, he advised that this was because he did not know how to contact officers as this was during COVID and because of his personal circumstances.  The Licensing Officer advised that during COVID officers were contactable by email and phone.

Mr Bowen, Police Licensing Officer advised the Sub-Committee that the two speeding offences occurred on B class roads, which increased the potential impact on other road users.  In addition, the offences took place within two days of each other showing a propensity to speeding.  JD/01/24 had no questions.  In response to a question from the Sub-Committee, Mr Bowen advised that where a speeding offence is deemed to be severe the magistrate can impose more penalty points and this was the case with the second speeding offence. 

In summing up JD/01/24 referred to the letters of support, that no paying passengers were in the car when the two offences occurred, that he takes the safety of customers seriously, the impact on his life and on his customers and that he has had no speeding offences since 2021.

In response to a question the Licensing Officer advised that speed awareness courses were available online during COVID.

All parties confirmed that they had been able to make their representations.

The Sub-Committee withdrew to consider, in private, the application and the evidence they had heard, with the support of the Clerk.  Councillor P James, as observer, remained in the main meeting.

On their return the Chair announced their decision.  In reaching the decision members took into account the relevant written and verbal representations.