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 conisder an application for a joint hackney carriage and private hire driver's licence - JD/02/24

Introductions by all parties and an explanation of the Sub-Committee’s procedures from the Solicitor / Clerk.

The Chair, Sub-Committee members, officers, applicant and employer and Police representative introduced themselves.

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

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

Applicant – JD/02/24 and their employer

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].  There were no questions on her report.

The applicant’s employer advised that JD/02/24 had turned their life around.  They advised that the Traffic Commissioner had granted a PSV licence, which enabled them to drive a 16 seater minibus.  The company had installed trackers and cameras in all vehicles and worked with any of their drivers who acted inappropriately.  JD/02/24 was now a responsible person. 

In response to questions from the Sub-Committee JD/02/24 confirmed that they currently drove a minibus.  JD/02/24 advised that one of the speeding offences occurred when driving a taxi. 

The Licensing Officer advised that a licence approved by Powys County Council allowed someone to drive a minibus of eight seats or less.

Mr Bowen presented Dyfed-Powys Police’s case as to the suitability of JD/02/24 to hold a joint hackney carriage and private hire driver’s licence.  The three speeding offences between February 2022 – September 2022 and two were within 11 days of each other.  These offences meant that JD/02/24 currently has a total of 9 Penalty points on his licence.  He reminded the Sub-Committee of the Council’s policy which stated that where someone has 7 or more points on their DVLA licence, a licence would not be granted.  He advised that the Traffic Commissioner had granted a licence under it’s own policy and the Sub-Committee needs to consider the Council’s policy.  The Police suggest that JD02/24 is not a “fit and proper” person to hold a licence.

JD/02/24’s employer advised that JD/02/24 knows they had made mistakes but had now changed their life.  The company was committed to them and they were now working to a high level.

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. 

On their return the Chair announced their decision.  In reaching the decision members took into account the relevant written and verbal representations.  The members applauded the commitment of the employer and noted the changes JD/02/24 had made.

The Chair advised that the decision would  be confirmed in writing and this would explain their right to appeal.

The Chair thanked all for attending.

To consider an application for a joint hackney carriage and private hire driver's licence – JD/03/24

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].

Introductions by all parties and an explanation of the Sub-Committee’s procedures from the Solicitor / Clerk.

The Chair, Sub-Committee members, officers, applicant and potential employer and Police representative introduced themselves.

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

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

Applicant – JD/03/24 and potential employer

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].  There were no questions to the officer.

JD/03/24 explained the circumstances surrounding the two driving offences, in 2017 and 2019, which were for drinking and driving.  They advised that since 2019 they had changed their life around.  They were now working as a part time food delivery driver and had stopped drinking.  JD/03/24’s potential employer advised that they had worked as the food delivery driver for him for nearly 12 months and was a good employee.  There were no questions to J/03/24.

Mr Bowen presented the Police’s case and advised that with two drink driving convictions the Sub-Committee needed to consider whether JD/03/24 is a “fit and proper” person to have a taxi licence.  He referred to the Council’s policy which states that where there is repeat offending consideration needs to be given to whether someone is “fit and proper” to hold a licence.  

In summing up the potential employer advised that JD/03/24 would suffer hardship if the licence was not granted and JD/03/24 hoped the licence would be granted.

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. 

On their return the Chair announced their decision.  In reaching the decision members took into account the relevant written and verbal representations.  The Sub-Committee applauded JD/03/24 for turning their life around.

The Chair advised that the decision would be communicated in writing together with their right to appeal.

The Chair thanked all for attending.