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BABERGH DISTRICT COUNCIL LICENSING AND APPEALS COMMITTEE
MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE (HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE LICENSING) HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON FRIDAY 19 MAY 2006
PRESENT: Mr B L Lazenby - Chairman
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Mr D G Grutchfield
Mr C J Hunt |
Mr J J Quinlan
Mr G S White |
12 DECLARATION OF INTERESTS
None declared.
13 QUESTIONS FROM MEMBERS
None received.
14 EXCLUSION OF PUBLIC (WHICH TERM INCLUDES THE PRESS)
RESOLVED
That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below, on the grounds that if the public were present during this item it is likely that there would be the disclosure to them of exempt information as indicated against the item.
The Committee was also satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
15 APPLICATION FOR THE RENEWAL OF A COMBINED HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE (Exempt information by virtue of Paragraph 1 of Part 1)
The Licensing Officer, Lee Carvell, presented the report of the Acting Head of Legal and Administrative Services (Paper F18) relating to an application for the renewal of a combined Hackney Carriage / Private Hire Drivers Licence from the applicant referred to in Paper F18. Mr Carvell circulated the Conditions for Private Hire Vehicle Licence to all present at the meeting to replace Appendix 3 to the report, and asked those present to note a correction to paragraph 4.4 of Paper F18 by the deletion of the final sentence, to be replaced by the following:-
‘This is in breach of Condition 12 – Accidents – of the Conditions for Private Hire Vehicle Licence and is also an offence under the Local Government (Miscellaneous Provisions) Act 1976 – section 50(3) Failure to report an accident to the Local Authority.’
The Chairman outlined the procedure to be followed at the hearing.
The Solicitor to the Council referred to paragraph 2.1 of Paper F18 requesting Members to determine whether they were satisfied that the applicant referred to in that report is a fit and proper person to hold a combined Hackney Carriage / Private Hire Drivers Licence.
The Applicant addressed the Committee, following which he was questioned by Members. The Solicitor to the Council asked the Applicant to clarify various matters relevant to the Committee’s consideration of the renewal application. Members were aware that it was up to the Applicant to satisfy the Committee that he was a fit and proper person and the Applicant confirmed his understanding of this requirement.
The parties were invited to make their closing comments to the meeting following which the parties withdrew to enable the Committee to deliberate the application. The parties were then called back into the meeting to hear the decision of the Committee, which was to refuse the renewal application to hold a combined Hackney Carriage/Private Hire Drivers Licence.
In reaching its decision, the Committee took into account the contents of Paper F18 and the explanations given by the Applicant for his behaviour in the circumstances set out in the report, particularly in relation to the degree of severity of the accident in which he had been involved. Members generally did not accept that the conduct of the Applicant and the explanation provided by him satisfied the test for a fit and proper person. They were also aware that the applications had been referred to the Committee because officers were minded not to give approval. Members shared the concerns expressed in the report particularly in relation to the failure to advise the Licensing Authority of certain relevant events, and the ‘fit and proper status’ of the Applicant, and concluded that in the interests of public safety, the renewal application should be refused. The Applicant was however advised that he could resubmit his renewal application after taking and passing the Driving Standards Agency Hackney Carriage and Private Hire Drivers Test. The Applicant indicated his willingness to take the Test.
RESOLVED
That the renewal application from the person referred to in Paper F18 to hold a combined Hackney Carriage/Private Hire Drivers Licence be refused.
The business of the meeting was concluded at 3.30pm.
Chairman
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