Agenda and draft minutes

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Items
No. Item

18.

Chair

Minutes:

In the absence of the Chairman of the Sub-Committee (Councillor V E Guglielmi), the Chair was occupied by the Vice-Chairman (Councillor Cossens).

 

19.

Apologies for Absence and Substitutions

The Committee is asked to note any apologies for absence and substitutions received from Members.

 

Minutes:

Apologies for absence were submitted from Councillor Guglielmi (with no substitute).

 

 

20.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

There were no declarations of interest.

 

 

21.

Exclusion of Press and Public

To pass the following resolution:-

 

“That under Schedule 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the item of business to be considered below on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act:

 

Report of Corporate Director (Operational Services)

 

B.1 - Application for the Review of a Hackney Carriage/Private Hire Driver’s Licence”.

Minutes:

It was moved by Councillor Whitmore, seconded by Councillor Winfield, and:-

 

RESOLVED - That under Schedule 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the items of business to be considered below on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act:

 

Reports of Corporate Director (Operational Services)

B.1 -    Application for the Review of a Hackney Carriage/Private Hire Driver’s Licence.

 

 

22.

Report of Corporate Director (Operational Services) - B.1 - Application for the Review of a Hackney Carriage/Private Hire Driver's Licence

To review a named individual’s Hackney Carriage/Private Hire Driver’s Licence and to determine what action, if any, is to be taken.

Additional documents:

Minutes:

Mr John Hall – 44 Edgware Road, Clacton on Sea, Essex, CO16 7HH

Plate No T213, Badge No T782

 

The Sub-Committee had before it a report (B.1) which gave details of a request for a review of Mr Halls’ Hackney Carriage Driver’s Licence.

 

Mr Hall was present for this item and had received a copy of the report.

 

Mr Hall was first granted a Hackney Carriage Drivers Licence in March 2003.

 

Following the receipt of a letter addressed to his wife and dated 10 October 2018 revoking the vehicle licence for a Hackney Carriage Vehicle licensed to his wife, Mr Hall has on three separate occasions acted in an aggressive and offensive manner towards members of the Licensing Team, and once towards the members of staff located at the Council’s Northbourne Depot.  These incidents occurred during the 11 and 12 October 2018.

 

Condition 13 of Tendring District Council’s hackney carriage/private hire drivers licence states that the “driver shall behave in a civil and orderly manner”.

 

As this brings into question Mr Hall’s fitness to be licensed by this authority, Mr Hall has been invited to attend your meeting and respond to any questions that Members may raise.

 

Copies of the statements from the relevant members of staff detailing the events have been attached as Appendix C.

 

Legal Information

 

The “fit and proper person” test and status of a hackney carriage and private hire drivers licence continues to hold good throughout the life of the licence granted and is not just a relevant assessment to be applied only at the time that the drivers licence is first granted.

 

This is confirmed by the principle of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 namely:

 

(1)     Notwithstanding anything in the Act of 1847 or in this Part of this Act, a district council may suspend or revoke or (on application therefor under section 46 of the Act of 1847 or section 51 of this Act, as the case may be) refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on any of the following grounds:—

 

(a) that he has since the grant of the licence

 

(i) been convicted of an offence involving dishonesty, indecency or violence; or

 

(ii) been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act; or

 

(b) any other reasonable cause.

 

There is no definition contained within the Act of what constitutes a ‘fit and proper’ person.  However, in a stated case of Leeds City Council v Hussain (2002) Mr Justice Silber gave the closest guidance to date as to what matters might be taken into account when considering whether a person is ‘fit and proper’ to hold a licence.

 

He ruled that “its purpose therefore is to prevent licences being given to or being used by those who are not suitable people taking into account their driving record, their driving  ...  view the full minutes text for item 22.