Agenda and minutes

Licensing Sub-Committee - Friday, 29th June, 2018 10.30 am

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Venue: Council Chamber, Town Hall, Royal Tunbridge Wells, TN1 1RS. View directions

Contact: Cheryl Clark  Democratic Services Officer

Items
No. Item

LSC1/18

Apologies for Absence

Minutes:

No apologies were received.

LSC2/18

Declarations of Interest:

To receive any declarations of interest by members in items on the agenda.  For any advice on declarations of interest, please contact the Monitoring Officer.

Minutes:

No declarations of interest were made by members at the meeting.

EXEMPT RESOLUTION - Taxi driver paras 1 2 & 7

EXEMPT ITEM

 

RESOLVED – That, pursuant to section 100A (4) of the Local Government Act 1972 and the Local Government (Access to Information) (Variation) Order 2006, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A of the Act, by virtue of the paragraphs shown below:

 

Paragraph (1) – Information relating to any individual.

Paragraph (2) – Information which is likely to reveal the identity of an individual.

Paragraph (7) – Information relating to any action taken, or to be taken, in connection with the prevention, investigation or prosecution of crime.

 

LSC3/18

Review of a current licensed Hackney Carriage/Private Hire Driver

Minutes:

The Chairman opened the meeting, introduced the members of this Licensing Sub-Committee hearing, the officers and attendees of the meeting, and outlined procedural matters of the meeting.

 

Mrs Degiorgio outlined the content of the report and appendices and the Sub-Committee members confirmed having read these documents as supplied prior to the hearing in accordance with legislative requirements.

 

The solicitor present on behalf of the Licence Holder summarised key points from his perspective. Witnesses were called including representatives from the police, the complainant from the station staff, the Licence Holder and taxi drivers in support of the Licence Holder.  Members of the Sub-Committee listened carefully to all of the individuals who spoke at the hearing and had the opportunity to ask questions of them all.

 

In summary, the facts of the matter were as follows; the Licence Holder arrived at Tunbridge Wells train station feeder rank and observed empty spaces outside the main station. He therefore advised drivers to move across to the main rank. On moving over to the main rank himself he tried to ascertain from a fellow driver what was going on but the driver did not have any information. The Licence Holder therefore approached a Police Officer and a short conversation ensued. The Police Officer appeared to have lost patience with the Licence Holder and shouted at him words to the effect of “Shut up and move away!” The Licence Holder was offended by this and remonstrated with the Police Officer. A short while later the Licence Holder spoke to a member of station staff as he was unhappy that the station staff had been taking pictures of his taxi.

 

After having heard all of the representations, the members of the Sub-Committee withdrew to consider all of the matters put forward.

 

In the view of the Sub-Committee, The Licence Holder was focused on the issue of the police car being parked in the taxi feeder rank, rather than the issue of the emergency that the Police were dealing with in the station. A witness stated that after the Police Officer shouted ‘Shut up!’ the Licence Holder had responded amongst other things “you’re not allowed to park your car in the taxi rank.”  Other witnesses for the Licence Holder described the exchange with the Police Officer as an ‘argument’ and stated that they believed that the police car being parked in the rank was the cause of the argument.

 

The Sub-Committee felt that the Police Officer was entitled to raise his voice and that the Licence Holder should have been more aware of the emergency situation that the Police and station staff were dealing with. The Sub-Committee did not accept that there was corroboration that the Licence Holder swore and neither did they feel that there was sufficient evidence to support the allegation that the Licence Holder had actually threatened anyone.

 

On balance, having heard and considered all the evidence, the Sub-Committee determined that the Licence Holder was in breach of the Council’s Hackney Carriage and Private Hire  ...  view the full minutes text for item LSC3/18