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Agenda and draft minutes

Venue: Collingwood Room - Civic Offices. View directions

Contact: Democratic Services 

Items
No. Item

1.

Exclusion of the Public and Press

To consider whether it is in the public interest to exclude the public and representatives of the press from the remainder of the meeting in accordance with Section 100(A) of the Local Government Act 1972, on the grounds that the matters to be dealt with involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12 of the Act.

Minutes:

RESOLVED that the public and representatives of the press be excluded from the meeting in accordance with Section 100 (A) of the Local Government Act 1972, on the grounds that the matters to be dealt with involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12 of the Act.

2.

Hackney Carriage/Private Hire Vehicle Driving Licenses

To consider a report by the Licensing Officer which contains exempt information in respect of hackney carriage/private hire vehicle driving licenses.

Additional documents:

Minutes:

The Panel considered a report by the Licensing Officer which contained exempt information in respect of hackney carriage/private hire vehicle driving licences.  A copy of the report was circulated to all parties in advance of the meeting.

 

The DBS checks for the Applicants were tabled at the meeting for the Panel’s attention.

 

Case 1 – Mr L

 

At the invitation of the Chairman, the Licensing Officer presented the circumstances of the case, as supported by the documentary evidence and as outlined in the report. In response to the presentation of the case by the Licensing Officer, the Applicant clarified that the vehicle he had been driving was insured but that the tint in the windows was a modification that would have invalidated the insurance in the event of an accident. There were no questions or points for clarification from Members of the Panel.

 

The Applicant was invited to present the circumstances of his case and did so accordingly.  He also answered questions from Members of the Panel and the Legal Adviser thereon.

 

At the invitation of the Chairman, the Applicant made a closing statement in support of his case, following which, the Applicant and the Licensing Officer left the hearing whilst the Panel considered its decision in private.

 

Following the Panel’s deliberations, the Applicant and the Licensing Officer returned to the hearing to hear the Chairman announce the Panel’s decision as follows:

 

LICENSING PANEL

DECISION OF THE MEETING HELD ON 22 JANUARY 2025

PRIVATE HIRE TAXI DRIVER’S LICENCE

Case 1 – Mr L

 

The Panel has considered very carefully the report of the Licensing Officer and all the evidence presented today.

 

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”), Fareham Borough Council Taxi Policy including the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.

 

Mr L attended the hearing and with the permission of the Chairman addressed the Panel. Mr L provided further information regarding the criminal convictions reported on his application. These included an offence in 2015 of theft as well as two motoring offences in 2023. The motoring offences related to him having illegally tinted windows, which have now been removed, and speeding.

 

The panel considered all the facts and have decided that Mr L is a fit and proper person in accordance with the Act and therefore his private hire taxi drivers’ licence is granted. The reasons for this decision are outlined as follows:

 

Reasons for Decision

The Licensing Officer addressed the panel highlighting the reasons for the hearing.  The panel was referred to the Taxi Policy and guidance around the fit and proper test as it relates to convictions, complaints, and patterns of behaviour.

 

The panel considered the theft offence in 2015 and heard Mr L explanation. It was recognised that the offence happened 10 years ago with no further offending. Whilst this is an offence with an element of dishonesty, they were satisfied that Mr L is not demonstrating any ongoing dishonest behaviours.

 

The panel were concerned about the recent motoring convictions in 2023 which shows two offences in a short period of time. Mr L was caught speeding and also using a vehicle with window tinting that was illegal. Mr L has applied to be professional taxi driver and should show due regard to the laws of the road. It has only been a short period of time since those offences and the panel have considered the Taxi Policy which states that:

 

Taxi and private hire drivers are professional drivers charged with the responsibility of carrying the public. Any motoring conviction can demonstrate a lack of professionalism and will be considered seriously. A single occurrence of a minor traffic offence may not prohibit the grant of a licence or result in action against an existing licence. Subsequent convictions suggest the fact that the licensee may not take their professional responsibilities seriously and may therefore not be a safe and suitable person to be granted or retain a licence.

 

However, we have taken into consideration that Mr L has now altered his windows and number plate so they are legal. In addition, he has had no further offences and he would not be using the vehicle as his taxi vehicle in any event. The panel are also reassured that should there be further offending then the license would be reviewed and / or revoked as appropriate.  In consideration these facts and the fact that they have less than 7 penalty points on their licence we are satisfied he would be a fit and proper person.

 

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.

 

RESOLVED that the Panel considers the Applicant to be a fit and proper person to hold a private hire vehicle driving licence and that the licence therefore be granted.

 

Case 2 – Mr B

 

At the invitation of the Chairman, the Licensing Officer presented the circumstances of the case, as supported by the documentary evidence and as outlined in the report. At the request of the Chairman, the Licensing Officer confirmed that no information was available from Reading Council regarding the Applicant’s private hire vehicle driving licence that he held with them.

 

The Applicant was invited to present the circumstances of his case and did so accordingly.  He also answered questions from Members of the Panel and the Legal Adviser thereon.

 

At the invitation of the Chairman, the Applicant made a closing statement in support of his case, following which, the Applicant and the Licensing Officer left the hearing whilst the Panel considered its decision in private.

 

Following the Panel’s deliberations, the Applicant and the Licensing Officer returned to the hearing to hear the Chairman announce the Panel’s decision as follows:

 

LICENSING PANEL

DECISION OF THE MEETING HELD ON 22 JANUARY 2025

PRIVATE HIRE TAXI DRIVER’S LICENCE

 

Case 2 – Mr B

 

The Panel has considered very carefully the report of the Licensing Officer and all the evidence presented today.

 

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”), Fareham Borough Council Taxi Policy including the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.

 

Mr B attended the hearing and with the permission of the Chairman addressed the Panel. Mr B provided further information regarding the criminal conviction reported on his application. This related to him being convicted of perverting the course of Justice in 2008. He explained this was to do with him giving a false name and address when receiving a number of speeding tickets with the intention of avoiding the penalty points. Mr B was disqualified for 12 months and received a 16 month term of imprisonment – of which he served 4 months. Mr B has not been convicted of any other offence since 2008.

 

The panel considered all the facts and has decided that Mr B is a fit and proper person in accordance with the Act and therefore his private hire taxi drivers’ licence is granted. The reasons for this decision are outlined as follows:

 

Reasons for Decision

The Licensing Officer addressed the panel highlighting the reasons for the hearing.  The panel was referred to the Taxi Policy and guidance around the fit and proper test as it relates to convictions, complaints, and patterns of behaviour.

 

The Panel were concerned about the nature of the offence in 2008 which involved motoring offences, penalty points and dishonesty. It was a very serious offence which took place whilst Mr B was working as a taxi driver.

 

Mr B has, to his credit, remained conviction free since that date. He informed the panel that he recognised that he was naïve and stupid in believing that he would get away with giving a false name and address to the police. To his credit, Mr B confirmed he did plead guilty in the crown court. Mr B was also honest in declaring the offence on his application.

 

It is noted that the conviction is more than 7 years ago.

 

Mr B also reported that he continues to drive for Reading Borough Council as a private hire taxi driver but is seeking a licence from Fareham as he wishes to work for UBER. Mr B reports that his licence was renewed by Reading in 2024 which demonstrates that they consider him to be a fit and proper person too.

 

The panel do have reservations but in consideration of the length of time that has passed, and Mr B more recent history of being conviction free and being honest about the offending with us today, we are prepared to grant him a licence.

 

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice

 

RESOLVED that the Panel considers the Applicant to be a fit and proper person to hold a private hire vehicle driving licence and that the licence therefore be granted.

 

Case 3 – Mr S

 

A written statement was submitted by Mr S at the start of the hearing in respect of the circumstances surrounding his case.

 

At the invitation of the Chairman, the Licensing Officer presented the circumstances of the case, as supported by the documentary evidence and as outlined in the report. There were no questions or comments for clarification.

 

The Applicant was invited to present the circumstances of his case and did so accordingly.  He also answered questions from Members of the Panel and the Legal Adviser thereon.

 

At the invitation of the Chairman, the Applicant made a closing statement in support of his case, following which, the Applicant and the Licensing Officer left the hearing whilst the Panel considered its decision in private.

 

Following the Panel’s deliberations, the Applicant and the Licensing Officer returned to the hearing to hear the Chairman announce the Panel’s decision as follows:

 

LICENSING PANEL

DECISION OF THE MEETING HELD ON 22 JANUARY 2025

PRIVATE HIRE TAXI DRIVER’S LICENCE

 

Case 3 – Mr S

 

The Panel has considered very carefully the report of the Licensing Officer and all the evidence presented today.

 

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”), Fareham Borough Council Taxi Policy including the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.

 

Mr S attended the hearing and with the permission of the Chairman addressed the Panel. Mr S provided further information regarding the criminal convictions reported on his application. These included TT99 motoring offence in June 2023 which meant that he had received 12 penalty points within 3 years resulting in a disqualification, MS90 motoring offence in June 2022 relating to a failure to give information as to the identity of a driver and possession of a class B drug in June 2022.

 

Mr S explained he had been transporting associates from a football game when they were stopped by police and small amount of cannabis was found under his drivers seat. Mr S explained that the cannabis was not his but he was advised to plead guilty as the other passengers were not accepting ownership. Mr S reported that he did not go to prison.

 

The panel considered all the facts and has decided that Mr S is not a fit and proper person in accordance with the Act and therefore his private hire taxi drivers’ licence is refused. The reasons for this decision are outlined as follows:

 

Reasons for Decision

 

The Licensing Officer addressed the panel highlighting the reasons for the hearing.  The panel was referred to the Taxi Policy and guidance around the fit and proper test as it relates to convictions, complaints, and patterns of behaviour.

The Panel were concerned with the fact that Mr S appeared to significantly underplay the seriousness of his offending behaviour and convictions throughout his submissions to the panel. When explaining his conviction for possession of a class B drug he failed, at any point, to mention that it was also with intent to supply until he was asked by the panel. He also kept reiterating that he did not go to prison but failed to acknowledge that his sentence included a term of imprisonment that was suspended for 24 months.

 

Mr S wanted the panel to accept his version that he was not guilty of the offence he was convicted for because he was advised to plead guilty. Mr S did not provide any evidence to the panel to support this assertion.

 

Mr S attempted to convince the panel to disregard this conviction because it was someone else’s mistake, and he took no responsibility.

 

The panel also noted that Mr S’s sentence is still ongoing as his suspended sentence was for 24 months from November 2023.

 

The taxi policy deals with convictions for drug offences and it states

Where an applicant has any conviction for, or related to, the production, import, trade in or supply of drugs, or possession with intent to supply or connected with possession with intent to supply, a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed.

 

The panel also considered the DVLA record provided and noted that Mr S has 6 points and a previous ban of 6 months. Mr S’s licence was revoked due to the totting up procedure. In respect of totting up, the policy states:

Any driver who has been disqualified as a result of “totting-up”, which erases the points when the licence is restored, will not be licensed for a period of 5 years from the date of the disqualification. Other disqualifications will need to be investigated, the reasons ascertained, and a decision will be based on the results of that investigation.

 

Mr S gave reasons why he received the points on the licence. In respect of failing to provide details, Mr S explained that he was moving address and failed to collect his post. The panel were surprised that Mr S would not have visited his father’s address, where his post has been sent but accept that is his reason for the offence. In respect of no insurance, whilst Mr S explained that his temporary insurance had expired mere minutes before he was stopped by the police, the panel were concerned that he took the risk of driving so close to the expiry and that he failed to ensure he did not drive beyond the time it expired when he clearly knew it was due to expire.

 

Mr S has asked us to consider his previous good record of being a black cab taxi driver in Reading for 7 years. He has not provided any evidence in this regard. However, taking this on face value, it was 6 years ago and all the offences that we refer to above took place after he stopped driving as a black cab driver.

 

Whilst we do not doubt that Mr S would be a committed taxi driver and take his responsibilities seriously if granted a badge, we must be satisfied that he is a fit and proper person. His recent convictions, included a very serious offence for which he remains subject to a suspended sentence in November 2023, are extremely worrying. Allowing Mr S to have a licence would be outside of the Taxi Policy and the Panel heard no evidence to allow them to make a decision outside of policy on this occasion.

 

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.

 

RESOLVED that the Panel does not consider the Applicant to be a fit and proper person to hold a private hire vehicle driving licence and that the licence therefore be refused.

 

 

 




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