Agenda and draft 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 review a joint hackney carriage and private hire driver's licence – JD/04/24

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

The Chair, Sub-Committee members, officers, licence holder and friend and Police representative introduced themselves.

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

To consider a review of a Joint Hackney Carriage and Private Hire Drivers’ Licence.

Licence Holder – JD/04/24 and friend supporting them

Mr R Bowen, Dyfed-Powys Police Licensing Officer

The Licensing Officer presented the Licensing Authority’s position as outlined in the report [copy filed with the signed minutes].  In response to a question she advised that no paragraphs were missing from the bottom of page 5 to the top of page 6 and that the numbering of the paragraphs was incorrect.

JD/04/24  presented their case and explained that they had not had any complaints about their work in Powys.  There had only been this one complaint in three years while working in Swansea.  They explained what had happened from their perspective.  In response to questions from the Sub-Committee JD/04/24 advised that they did not have a licence with another authority when they applied for a licence from Powys and did not understand the term “revoked”.  They advised that they did not appeal the decision made by Swansea Licensing Authority.

Mr Bowen referred the Sub-Committee to his written report.  He confirmed that South Wales Police had allocated an incident number but no criminal investigation was pursued as there was no formal complaint from the alleged injured party.  Swansea Council Licensing Team had considered the incident and revoked the licence.  The Sub-Committee needs to consider whether JD/04/24 is a “fit and proper” person to hold a licence.

In response to a question from the Sub-Committee the Authority’s Licensing officer advised that no other complaints had been received in respect of JD/04/24.

In summing up JD/04/24 advised that they had made one mistake and asked that they could continue to hold their licence.

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. 

JD/04/24 was advised that the decision would follow in writing with details of their right to appeal.

The Chair thanked all for attending.

To conisder an application for a joint hackney carriage and private hire driver's licence – JD/05/24

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

The Chair advised that the Sub-Committee had agreed to exclude the public and press from the meeting.

The Chair, Sub-Committee members, officers, applicant 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/05/24

Mr R Bowen, Dyfed-Powys Police Licensing Officer

The Licensing Officer presented the Licensing Authority’s position as outlined in the report [copy filed with the signed minutes].  The Sub-Committee noted that JD/05/24 had declared on their form that their license had been revoked by Swansea Council Licensing Authority as they had been driving with no insurance.  In response to questions from the Sub-Committee he advised that the application was for a Joint Hackney Carriage and Private Hire Driver’s Licence, which allows licence holders to drive either vehicle.  He advised that the points on the driver’s licence would expire on 13 November 2024.  If a DVLA search was undertaken after that date no points would show, unless further offences were committed between now and then.

JD/05/24 explained that they had not realised that the auto-renewal for their insurance had not taken place in 2014 and 2019.  They advised that this was not deliberate.  JD/05/24 advised they had otherwise had a clean licence and had 18 years no claims bonus.

Mr Bowen, Licensing Officer Dyfed-Powys Police referred the Sub-Committee to his report.  He advised that when the driving without insurance offence took place JD/05/24 was driving the vehicle as a hackney carriage.  There had been two instances when they were driving without insurance and therefore the Police did not consider that JD/05/24 was a “fit and proper” person to hold a licence.

In response to a question the Licensing Officer advised that if an application for a licence was made after 14 November 2024, the DVLA search would show no points and the Licensing Team would consider the application and a Sub-Committee would not be required, unless other issues occurred between now and then.

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 Clerk to the Sub-Committee JD/05/24 was advised that the decision would follow in writing with details of their right to appeal.

The Chair thanked all for attending.