Agenda and draft minutes

To receive apologies for absence.

Apologies for absence were received from Councillors Pike and Thomas.

To approve the minutes of the Licensing Committee held on 28 September 2016.

The minutes of the meeting of the Licensing Committee held on 28 September 2016.

There were no matters arising.

To receive and record any declarations of interests from members present in respect of any of the various matters on the agenda for this meeting.

There were no declarations of interests.

The Chairman advised the Committee of successful prosecutions against a private hire operator and an unlicensed taxi/private hire driver.

In response to concerns raised members of the Committee, the officers agreed to issue regular licensing updates.

The Committee is asked to consider whether to pass a resolution excluding the public from the meeting during consideration of any of the items on the agenda.  If members wish to do so then this could be achieved by passing the following resolution.  Members are not required to pass the resolution but the Solicitor to the Council recommends this as to the item set out below.

That the public be excluded from the meeting during consideration of the item headed and numbered as below because:

it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information of the descriptions specified in paragraphs of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 shown against the heading in question; and

in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Item  7                  Suitability of an applicant to be granted a Hackney Carriage / Private Hire Driver Licence by Havant Borough Council
(Paragraphs 1 to 3)

Paragraph 1        Information relating to any individual

Paragraph 2        Information which is likely to reveal the identity of an individual

Paragraph 3        Information relating to the financial or business affairs of any particular person (including the authority holding that information)

RESOLVED that the public be excluded from the meeting during consideration of the minutes headed and numbered as below because:

it was likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during those minutes there would be disclosure to them of exempt information of the descriptions specified in paragraphs of Part 1 of Schedule 12A (as amended) of the Local Government Act 1972 shown against the heading in question; and

in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minute 63 - Hackney Carraige/Private Hire Vehicle Driver’s Licence

(Paragraphs 1 to 3)

(this minute was taken in camera)

The Committee was requested to consider whether the applicant was a fit and proper person to be granted a Hackney Carriage/Private Hire Driver’s Licence.

The relevant legislation stated that a district council shall not grant a licence “unless they are satisfied that the Applicant is a fit and proper person to hold a driver’s licence”.

There was no statutory definition of “fit and proper person” but case law

suggested that the issue of whether an applicant was a fit and proper person should be approached by proper consideration of the objectives of the licensing regime. These objectives were intended to ensure that, so far as possible, those licensed to drive private hire vehicles were:

• safe drivers with good driving records and

• adequately experienced and

• sober and

• mentally and physically fit and

• honest and

• not persons who would take advantage of their employment to abuse or assault passengers and

• not persons who would take advantage of their employment to engage in criminal activity.

The Committee was advised of its powers under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

The Chairman outlined the Committee’s procedure for dealing with the possible revocation of a Hackney Carriage/Private Hire driver’s licence.

The Licensing Officer presented her confidential report to the Committee.

The applicant and his representative were given an opportunity to address the Committee in support of his case and answered members’ questions.

The Committee noted that references had not be taken up for this application.

The applicant, his representative and the licensing officers left the meeting during consideration of the application and were invited back into the meeting to receive the Committee’s decision.

RESOLVED that authority be delegated to the Officers, in consultation with the Chairman of the Committee, to determine this application subject to the receipt of satisfactory references including one from South Downs College or a church.