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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration of the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act. The Sub-Committee then resumed in open session. DECISION The Sub-Committee has carefully considered the application for the exemption to the requirement under standard conditions to carry external plating. The Sub-Committee has the discretion to disapply the requirement, and is satisfied from the application and representations from the applicant that the nature of the use of the vehicle will be exclusively for executive hire or chauffer services type purposes as opposed to general regular private hire short haul bookings. The Sub-Committee is also satisfied that there are no public safety issues given the detail provided. The application is therefore granted.
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting on the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The vote, undertaken by way of a show of hands, was carried. DECISION The Sub-Committee’s overriding consideration is public safety. The situation is that the driver has been included in DBS barred lists, the DBS having considered it an appropriate and proportionate decision. As drivers are expected to deal with vulnerable persons, and a driver’s licence cannot be conditioned, the Sub-Committee considers that it cannot look behind the DBS’s decision, and has no alternative but to revoke the driver’s licence with immediate effect. This is entirely in line with the Authority’s own Guidance that states that the Authority will not grant a licence to any applicant who is currently on any barred list. The same must apply to a current licence holder. The decision to revoke is made under Section 61(1)(b) of the Local Government Miscellaneous Provisions Act 1976 “any other reasonable cause”, the driver not having been convicted of any offence. As the decision to revoke is made under the grounds of public safety, its effect is immediate irrespective of any appeal the driver may make to the Magistrates’ Court against this decision.
There were no declarations of interest made.
Moved by Councillor Tim Evans; Seconded by Councillor Mark Carter The vote, undertaken by way of a show of hands was carried. RESOLVED That the Minutes of the meeting held on 30 October 2023 be approved as a correct record.
Decision as recorded
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration of the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act. The Sub-Committee then resumed in open session. DECISION The Sub-Committee has carefully considered the application for the exemption to the requirement under standard conditions to carry external plating. The Sub-Committee has the discretion to disapply the requirement, and is satisfied from the application and representations from the applicant that the nature of the use of the vehicle will be exclusively for executive hire or chauffer services type purposes as opposed to general regular private hire short haul bookings. The Sub-Committee is also satisfied that there are no public safety issues given the detail provided. The application is therefore granted.
The Sub-Committee considered a report by the Lead Officer, Licensing regarding an application for an exemption from the condition to display rear licence plates for a private hire vehicle from Kilcoyne Chauffeur Services. The Lead Officer, Licensing presented the report on the application for smaller, internal plates to the Sub-Committee. The Applicant Mr John Kilcoyne then addressed the Sub-Committee as to the reasons for the application for exemption and answered a number of questions from the Sub-Committee. Before the Sub-Committee resolved to retire to consider the application, the applicant was given the opportunity to sum up. The Sub-Committee then retired to undertake its consideration of the matter and the representations submitted. RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration of the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act. The Sub-Committee then resumed in open session. DECISION The Sub-Committee has carefully considered the application for the exemption to the requirement under standard conditions to carry external plating. The Sub-Committee has the discretion to disapply the requirement, and is satisfied from the application and representations from the applicant that the nature of the use of the vehicle will be exclusively for executive hire or chauffer services type purposes as opposed to general regular private hire short haul bookings. The Sub-Committee is also satisfied that there are no public safety issues given the detail provided. The application is therefore granted.
The vote, undertaken by way of a show of hands, was carried. RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting for consideration for the current item of business on the grounds that it involves the likely disclosure of exempt information under Schedule 12A to the Act.
Decision as recorded
RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting on the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The vote, undertaken by way of a show of hands, was carried. DECISION The Sub-Committee’s overriding consideration is public safety. The situation is that the driver has been included in DBS barred lists, the DBS having considered it an appropriate and proportionate decision. As drivers are expected to deal with vulnerable persons, and a driver’s licence cannot be conditioned, the Sub-Committee considers that it cannot look behind the DBS’s decision, and has no alternative but to revoke the driver’s licence with immediate effect. This is entirely in line with the Authority’s own Guidance that states that the Authority will not grant a licence to any applicant who is currently on any barred list. The same must apply to a current licence holder. The decision to revoke is made under Section 61(1)(b) of the Local Government Miscellaneous Provisions Act 1976 “any other reasonable cause”, the driver not having been convicted of any offence. As the decision to revoke is made under the grounds of public safety, its effect is immediate irrespective of any appeal the driver may make to the Magistrates’ Court against this decision.
Having convened in private session under the terms of Section 100A(4) of the Local Government Act 1972, the Sub-Committee considered the report regarding the Combined Hackney Carriage/Private Hire Vehicle Driver’s Licence of Mr L. The Sub-Committee heard initially from the Lead Officer Licensing that the driver had been invited to attend the Meeting, and had responded by indicating that he did not know whether he would be attending or not, but was seeking legal advice. Nothing further had been heard from the driver. On the basis that the Sub-Committee was satisfied that the driver was aware of the hearing and had chosen not to attend, the Sub-Committee resolved to continue to hear the matter. The Sub-Committee then received the report from the Lead Officer, Licensing and the Officer answered questions from the Sub-Committee before it retired to undertake its consideration of the matter. RESOLVED That in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded from the Meeting on the current item of business on the grounds that it involves the likely disclosure of exempt information under Section 12A to the Act. The vote, undertaken by way of a show of hands, was carried. DECISION The Sub-Committee’s overriding consideration is public safety. The situation is that the driver has been included in DBS barred lists, the DBS having considered it an appropriate and proportionate decision. As drivers are expected to deal with vulnerable persons, and a driver’s licence cannot be conditioned, the Sub-Committee considers that it cannot look behind the DBS’s decision, and has no alternative but to revoke the driver’s licence with immediate effect. This is entirely in line with the Authority’s own Guidance that states that the Authority will not grant a licence to any applicant who is currently on any barred list. The same must apply to a current licence holder. The decision to revoke is made under Section 61(1)(b) of the Local Government Miscellaneous Provisions Act 1976 “any other reasonable cause”, the driver not having been convicted of any offence. As the decision to revoke is made under the grounds of public safety, its effect is immediate irrespective of any appeal the driver may make to the Magistrates’ Court against this decision.
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