Agenda and minutes

To elect a Chairman of the Sub-Committee for the remainder of the Municipal Year.

Councillor Rob Leach was elected Chairman of the Sub-Committee for the remainder of the Municipal Year.

To elect a Vice-Chairman of the Sub-Committee for the remainder of the Municipal Year.

Councillor Steve Howes was appointed Vice-Chairman of the Sub-Committee for the remainder of the Municipal Year.

To approve the minutes of the meeting of the Taxi Licensing Sub-Committee held on 19 April 2023 as published.

RESOLVED

That the minutes of the Sub-Committee held on 19 April 2023 be approved and signed as a true and correct record.

To receive declarations of disclosable pecuniary and other interests from Members in respect of any item to be considered at the meeting.

There were no Declarations of Interest.

To consider any business that the Chairman rules may be dealt with under Section 100B(4) of the Local Government Act 1972.

There were no items of Urgent Business.

The Chairman will move and the Vice-Chair will second:-

"That the press and public be excluded from the meeting during consideration of item 7 in view of the nature of the proceedings that, if members of the press and public were present during this item, there would be disclosure to them of exempt information as defined in paragraph 4 of Part 1 of Schedule 12A, to the Local Government Act 1972.”

RESOLVED

That the press and public be excluded from the meeting during consideration of item 7 in view of the nature of the proceedings that, if members of the press and public were present during these items, there would be disclosure to them of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A, to the Local Government Act 1972.

Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Reporting Person – Laura McCulloch

The Sub-Committee received a report which requested that a decision be made as to whether Mr S was “fit and proper” to hold a Hackney Carriage Licence in line with the Local Government (Miscellaneous Provisions) Act 1976, following the accrual of in excess of 12 penalty points an application under the Council’s Penalty Points Scheme.  Mr S attended the meeting in person with his wife, son and daughter-in-law. 

All parties present had a copy of the Licensing Committee’s agreed procedure to be followed at Taxi Licensing Sub-Committee hearings.  The Chairman introduced the Sub-Committee to those present and explained the procedure and order of speaking that would be followed during the hearing.

The Licensing Authority’s representative, Laura McCulloch, stated that the Council was tasked with ascertaining whether drivers were ‘fit and proper’ to ensure the safety of the travelling public.  The Sub-Committee was advised that Mr S had been the subject of 11 complaints for inconsiderate parking and aggressive behaviour, including five incidents dating back to 2021 brought to the attention of the Licensing Authority by Surrey Police.  Formal warnings regarding his behaviour had been issued and it was state that the number of complaints suggested a pattern of behaviour that fell below the standard for a professional licensed driver in the Borough.  In total, Mr S had accrued 20 penalty points with 12 required for a case to be referred to Sub-Committee under the Penalty Points Scheme.  The options for the Sub-Committee to consider were set out in paragraph 4.5 of the report.

Following questions, it was noted that the excess of penalty points above the limit was due to the incidents raised by Surrey Police, and that a letter sent by Mr S to the Licensing Authority had been included in the agenda pack.

The Chairman gave Mr S and his family members the opportunity to address the Sub-Committee.  It was stated that Mr S was not an aggressive person and that there were many other taxi drivers who parked inconsiderately.  There were also instances stated where Mr S had felt intimidated by customers who were inebriated.  Mr S had also spent time out of the country due to family bereavement which he stated explained why he had not responded to formal warnings.

Questions were asked of Mr S and replies were given, including regarding whether he had tried to amend his behaviour.

The Chairman gave those parties present the opportunity to make closing statements. 

Laura McCulloch stated that the complaints made should not be taken lightly, noting that they included issues raised by Surrey Police; and the pattern of behaviour was less than expected of a Woking taxi driver.  It was recommended that the Sub-Committee revoke the licence.

Mr S and his family members stated that they were dependent on Mr S working as a taxi drive for income.

The Chairman adjourned the hearing for deliberation at 6.20pm, later requesting that the Council’s Solicitor, Amanda Francis, join them.  The Sub-Committee reconvened at 6.30pm. 

The Chairman reported that the  ...  view the full minutes text for item 7.