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Contact: Carol Johnson Email: carol.johnson@powys.gov.uk
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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 - JD/06/24 |
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Sub-Committee procedures To receive introductions from those present and an explanation of the Sub-Committee’s procedures from the Clerk to the Sub-Committee [Principal Solicitor]. Minutes: The Chair, Sub-Committee members, officers, applicant and Police representative introduced themselves. Councillor A Davies was an observer and did not participate in the discussion.
The Clerk to the Sub-Committee explained the procedures to be followed by the Sub-Committee.
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Review of a licence To consider a review of a Joint Hackney Carriage and Private Hire Drivers’ Licence. Minutes: Licence holder – JD/06/24 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]. The Officer advised that a medical report had been requested and this was awaited. JD/06/24 advised that an appointment for a medical report had been booked for two weeks time. In response to a question, the Licensing Officer advised that licence holders should advise the Authority when they are convicted of offences. Drivers must submit six monthly DBS update and it was at this point that JD/06/24 advised the Authority of their conviction.
JD/06/24 explained the circumstances leading to their conviction. This was out of character and they had since sought counselling. They had no other incidents with the police. The Licensing Officer confirmed that no other issues or complaints were recorded on file since the licence being granted in 2017. JD/06/24 in response to a question advised that they mainly undertook school taxi runs.
Mr Bowen referred to his report. He advised that the Police accepted the mitigating factors and that no other cautions or convictions were recorded against JD/06/24. He advised that the Police were not seeking a revocation of the licence as this was not a safeguarding issue from a police perspective.
The Licensing Officer clarified that taxi drivers must submit satisfactory medical reports every six months. If a report is unsatisfactory a licence will automatically be revoked.
The Sub-Committee confirmed that they had received and considered the character references submitted by the licence holder.
In summing up JD/06/24 advised they had explained what had led to the conviction and had submitted character references.
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/06/24 was advised that the decision would follow in writing with details of their right to appeal.
The Chair thanked all for attending.
County Councillor H Williams left the meeting and Councillor A Davies took his place on the Sub-Committee. |
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Application for a joint hackney carriage and private hire driver's licence - JD/07/24 |
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Sub-Committee procedures To receive introductions from those present and an explanation of the Sub-Committee’s procedures from the Clerk to the Sub-Committee [Principal Solicitor].
Minutes: 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.
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Application for a licence To consider an application for a Joint Hackney Carriage and Private Hire Drivers’ Licence Additional documents:
Minutes: Applicant – JD/07/24 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].
JD/07/24 explained the circumstances around their conviction. In response to a question they advised that they had held one licence for a period of three years and this was an application for a second period of time.
Mr Bowen referred to the Police report. He advised that the Police were not seeking to revoke the licence, as the conviction was not related to the licence. In response to a question he advised that no other cautions or criminal convictions were recorded.
In summary JD/07/24 advised that they had no other convictions. In response to a question they advised that they regretted the incident and had remorse.
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.
The Sub-Committee, with the Clerk returned to the meeting to clarify an issue with the Licensing Officer. In response to a question the Licensing Officer advised that JD/07/24 had applied for a new licence in November 2023 and at that time advised that they had received a conviction. The licence was therefore not renewed as information about the conviction was sought. He advised that JD/07/24 had not driven since November 2023. The Sub-Committee withdrew again 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 Chair emphasised that the time they had taken to consider the application reflected the seriousness of the issues raised.
JD/07/24 was advised that the decision would follow in writing with details of their right to appeal.
The Chair thanked all for attending.
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