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Summary
The Licensing Panel met to discuss hackney carriage and private hire vehicle driving licences. The panel approved one application and refused two others, determining whether each applicant was a 'fit and proper person' to hold a licence, in accordance with the Local Government (Miscellaneous Provisions) Act 19761.
Hackney Carriage/Private Hire Vehicle Driving Licences
The Licensing Panel considered a report by the Licensing Officer regarding three applications for hackney carriage/private hire vehicle driving licences. The Panel excluded the public and press from the meeting due to the confidential nature of the information to be discussed, as it involved exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12 of the Local Government Act 19722. The Panel considered each case individually, taking into account the information provided by the Licensing Officer, the applicants, and legal advice.
Case 1 – Mr T
The Panel approved Mr T's private hire taxi driver's licence application. The Panel considered Mr T to be a fit and proper person to hold a private hire taxi driver's licence, despite a previous exposure offence. The Panel took into account Mr T's explanation of the circumstances, and decided that although the offence was prosecuted under the Sexual Offences Act, it did not amount to a sexual offence as it was urinating in a public street. The Panel also noted that time limits had passed for other offences of shoplifting, deception and battery, and disregarded these.
Case 2 – Mr A K
The Panel refused Mr A K's private hire taxi driver's licence application. The Panel did not consider Mr A K to be a fit and proper person to hold a private hire taxi driver's licence due to a conviction for using a handheld device while driving. The Panel received legal advice that this offence fell within the council's policy, which states that a licence should not be granted for at least five years after any sentence passed. The Panel acknowledged Mr A K's comments regarding the offence, but found no exceptional circumstances to justify a decision outside of the policy. The council policy reflects guidance on suitability produced by the Institute of Licensing3 and the Department for Transport Standards.
Case 3 – Mr D K
The Panel refused Mr D K's private hire taxi driver's licence application. The Panel did not consider Mr D K to be a fit and proper person to hold a private hire taxi driver's licence due to offences of dangerous driving and driving without insurance. The Legal Advisor clarified with the Licensing Officer that the convictions had not been disclosed. The Panel received legal advice that the offences fell within policy, which states that a licence should not be granted for at least seven years after any sentence has been completed. The council policy reflects the guidance on suitability produced by the Institute of Licensing and the Department for Transport Standards. The Panel acknowledged Mr D K's comments regarding the offences, but found no exceptional circumstances to justify a decision outside of the policy. The seven-year period for the first offence would run until January 2027, and for the second offence, January 2030.
Exclusion of the Public and Press
The Panel resolved to exclude the public and representatives of the press from the meeting, in accordance with Section 100 (A) of the Local Government Act 1972. This was because the matters to be dealt with involved the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12 of the Act.
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The Local Government (Miscellaneous Provisions) Act 1976 is an Act of Parliament that contains various provisions relating to local government in England and Wales. Part II of the Act gives local authorities the power to license and regulate hackney carriages (taxis) and private hire vehicles (minicabs). ↩
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Section 100 (A) of the Local Government Act 1972 allows councils to exclude the public from meetings in order to protect sensitive information. ↩
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The Institute of Licensing is a professional body for licensing practitioners in the UK. They provide guidance, training, and support to licensing officers, legal professionals, and others involved in the licensing process. ↩
Attendees
Topics
No topics have been identified for this meeting yet.