Agenda and minutes

To approve the minutes of the meeting of the Taxi Licensing Sub-Committee held on 15 July 2024 as published.

RESOLVED

That the minutes of the Sub-Committee held on 15 July 2024 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 5 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 5 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.

Reporting Person – Laura McCulloch

The Sub-Committee received a report which requested that a decision be made to review an Operator’s Licence and consider whether Mr A was ‘fit and proper’ to hold a Hackney Carriage Licence in line with the Local Government (Miscellaneous Provisions) Act 1976, following disclosure being received under Common Law Police Disclosure by Surrey Police on 7 August 2024.  The driver’s badge held by Mr A had been revoked in March 2024 for an offence relating to an illegal drug.

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 the Operator had been licensed as a Private Hire Operator since at least March 2004 and compliance during that time had been mostly satisfactory, other than a formal warning letter being issued in 2018 relating to the submission of renewal paperwork, at which time inaccurate booking logs had been provided.  No complaints had been received against the Operator or Mr A.  A table had been included in the report which set out a timeline of events, including reference to a failed drug test in March 2024 and a further drug test in July 2024 with results awaited, alongside two common law assaults which had not yet been determined by the Magistrate’s Court.  Mr A had contacted the licensing department on 27 June 2024 requesting the reinstatement of his licence.

An addendum to the report stated that Surrey Police had advised that the results of the blood test from July 2024 had shown that whilst there had been traces of an illegal drug in the sample provided, it did not exceed the specified limit so there would be no further Police action in relation to this matter.

Following a question by the Sub-Committee, it was confirmed that Mr A’s licence had been revoked in March 2024, however the Operator’s licence had remained valid.

The Chairman gave Mr A the opportunity to address the Sub-Committee.  Mr A stated there had been a number of personal issues affecting him and alleged that a family member had been acting against him, alongside Surrey Police issuing a compensatory refund to him.  He highlighted that each investigation from the Police had seemed to end with no further action and stated that the outstanding matters regarding common law assault would be the same.  He stated that he had received no penalty points from the licensing department and was not a drug addict or an alcoholic.  He stated that he was trying to earn a living and requested that the Sub-Committee return the licence to him.

Questions were asked of Mr A and replies were given, relating to the timeline of events.

The  ...  view the full minutes text for item 5.