Agenda and minutes

Announcement on procedural matters.

The Chairman opened the meeting, introduced Committee members and officers in attendance, and outlined procedural matters of the meeting.

Apologies for absence as reported.

No apologies were received.

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.

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

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.

Mr Packham, Licensing Officer, presented a report for the review of a Hackney Carriage and Private Hire Driver’s Licence.

The licence-holder was given the opportunity to make a statement and to fully answer questions from the members of the Sub-Committee about the incident that had occurred. 

The members of the Sub-Committee subsequently withdrew to consider the matter and following discussions the Chairman advised the license-holder that the Sub-Committee had noted the explanation given previously in writing and the subsequent expansion of those points at this hearing on 10 August 2018.  Whilst the Sub-Committee had some sympathy for the position in which the licence holder found themselves, the Council’s Policy was that it was never acceptable for a licence holder to take the law into their own hands and in admitting and accepting a caution for assault it was clear that the licence holder did so.  The Sub-Committee noted in mitigation that the licence holder had been provoked and that when faced with a similar incident on a later occasion had conducted themselves differently.  On that basis the Sub-Committee considered the appropriate and proportionate action to be a minimal period of suspension of one week (7 days) and on account of having suspended the licence holder that no further penalty was necessary for the failure to disclose the caution to the Council. 

In accordance with the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, therefore the Chairman gave notice that Tunbridge Wells Borough Council had decided to suspend the Hackney Carriage & Private Hire Driver’s Licence for a period of one week, commencing 21 days after the service of this notice.

In accordance with the provisions of Section 61(3) of the Local Government (Miscellaneous Provisions) Act 1976, the licence-holder was advised that there was a right to appeal against the Council’s decision to suspend the licence. An appeal was required to be lodged with the Magistrates’ Court within 21 days of the date of this notice.  The licence-holder therefore had 21 days, commencing 10 August 2018 and ending 31 August 2018 during which time the decision might be appealed.  The licence-holder could continue as a licensed driver during this period.

The suspension would be effective for 7 days between 1 September 2018 and 7 September 2018, during which time the licence-holder was prohibited from acting as a licensed driver.  The suspension would cease to be effective from 8 September 2018 onwards.

The Sub-Committee recommended that the licence holder used the period of 7 days suspension to thoroughly familiarise themselves with the Council’s Hackney Carriage and Private Hire Licensing Policy.

RESOLVED that the Hackney Carriage & Private Hire Driver’s Licence be suspended for a period of 7 days commencing 21 days after the serving of notice on 10 August 2018.