Agenda, decisions and minutes

Purpose: To receive any Declarations and advise Members accordingly.

None were received.

That the press and public be excluded from the meeting for the following item as it was considered to contain exempt information by virtue of paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).       

RESOLVED:

That the press and public be excluded from the meeting for the following item as it was considered to contain exempt information by virtue of paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).       

The Chair welcomed the Licence Holder, the complainant, and the Private Hire Operator, and introduced the Members of the Sub-Committee and Council officers. 

He explained the procedure for the hearing, including how the application would be determined.  

That the licence holder must sit and pass an accredited Safeguarding course (Vulnerable Adults and Children) either online or in person within 12 months of the date of the hearing (3 April 2017).  The course must be undertaken at the applicant’s own expense and to the satisfaction of the Licensing Authority.

The Licensing Team Leader introduced the report to consider the conduct and breach of conditions of a Private Hire/Hackney Carriage (Joint) Driver, licensed by the Authority.  She provided background information and referred to the main considerations, as detailed in the report, concerning a complaint which had been received that the Licence Holder had acted inappropriately and not in accordance with the conditions of his licence.   The Panel was asked to consider whether the Licence Holder remained a fit and proper person within the meaning of the Local Government (Miscellaneous Provisions) Act 1976 to continue to hold such a licence. 

                        The Chairman referred to the statement provided by the complainant which was appended to the report and asked her if she wished to provide any further information.  The complainant explained the circumstances which had lead up to the offences being committed.  In response to the Panel’s questions she described the nature of the Licence Holder’s behaviour towards herself and her fellow passengers on the day of the booking.  She said she had been concerned for the safety and well-being of her fellow passengers in the vehicle on their return journey.     

                        . 

                        The Chairman thanked the complainant for her detailed responses to Members questions and her attendance at the hearing. 

                        The complainant withdrew from the meeting.               

The Panel questioned the Licence Holder regarding the difficulty he had experienced in obtaining the full pick-up addresses for his passengers and how he had sourced that information.  The Panel asked further questions around the fare agreed for the booking and the request for an additional payment.  The Licence Holder responded to the questions and asked the Operator  to explain how the computerised booking system worked in his company.

The Chairman asked the Licence Holder to explain the arrangements for seating the passengers in the vehicle on the return journey and especially the  passenger who was in a wheelchair.  The Chairman asked if the wheelchair had been securely anchored in the vehicle.  In his response the Licence Holder stated that the wheelchair had been securely anchored in the vehicle.  The Chairman referred to the statements which had been provided by the passengers which disputed the Licence Holder’s explanation of how they had been seated and his statement regarding the securing of the wheelchair.

The Solicitor asked the Licence Holder to explain why he had contacted the person who had arranged the booking at her home address and his manner towards her that day.  The Licence Holder said he had made direct contact with the individual to obtain the full details of the addresses for his passengers because she had been responsible for arranging the booking.  The Licence Holder said he had been positive and approachable in his behaviour towards her.  

The Solicitor questioned the Licence Holder further on his actions on the return journey and how he had instructed the passengers to get into their seats in the vehicle.   The Solicitor asked the Licence Holder to describe how he had secured the passenger who was seated  ...  view the full minutes text for item 4.