Agenda and minutes

To receive and record apologies for absence.

Apologies for absence were received from Councillor K Smith.

To confirm the minutes of the meeting of the Licensing Committee held on 14 January 2015.

RESOLVED that the minutes of the Licensing Committee held on 14 January 2015 be approved as a correct record.

To consider any matters arising from the minutes of the last meeting.

There were no matters arising.

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                  Consideration of a Hackney Carriage / Private Hire Licence
(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:

(a)          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

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

Minute 37      Private Hire Vehicle Driver’s Licence

(Paragraphs 1 to 3)

All parties agreed to Councillor D Smith remaining in the meeting after the public had been excluded.

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 from any of the members present.

The Chairman informed the Committee that in light of the recent inquiry into child sexual exploitation in Rotherham, Havant Borough Council’s licensing procedures were being inspected.

(this minute was taken in camera)

The Committee was requested to consider whether the licensed driver MD continued to be a fit and proper person to hold 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 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 his confidential report to the Committee.

Driver MD was given an opportunity to address the Committee in support of his case and answered members’ questions.

The driver 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 the Committee considered that the driver no longer remained a fit and proper person to hold a Hackney Carriage/Private Hire Driver’s Licence, and therefore his Hackney Carriage/Private Hire Driver’s licence be revoked.

The Committee considered the options available but in the light of the seriousness of the convictions it resolved that revocation was the most appropriate action to protect the safety of the travelling public.