Agenda and minutes

Venue: Council House, Plymouth

Contact: Democratic Advisor  Email: democraticsupport@plymouth.gov.uk

Items
No. Item

18.

Declarations of Interest

Members will be asked to make any declarations of interest in respect of items on this agenda.

Minutes:

There were no declarations of interest in accordance with the code of conduct.

19.

Minutes pdf icon PDF 78 KB

To confirm the minutes of the meeting held on 16 July 2020.

Minutes:

Members agreed the minutes of the 16 July 2020 as an accurate record of the meeting.

20.

Chair's Urgent Business

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

There were no items of Chair’s Urgent Business.

21.

Appeal Cases

The Committee will be provided with the results of the judgement on appeal cases that went to Court.

Minutes:

Members were advised that there were no updates with regards to appeal cases.

22.

Exempt Information

To consider passing a resolution under Section 100A(4) of the Local Government Act, 1972 to exclude the press and the public from the meeting for the following items of business, on the grounds that they involve the likely disclosure of exempt information, as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

Agreed that under Section 100A(4) of the Local Government Act 1972, to exclude the press and public from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Action 2000.

23.

Confidential Minutes

To confirm the confidential minutes of the meeting held on 16 July 2020.

Minutes:

Members agreed the confidential minutes of the 16 July 2020 as an accurate record of the meeting.

24.

Review Status of Private Hire Vehicle Driver Licence

The Director of Public Health will submit a report on the review status of a private hire vehicle driver licence.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from the taxi driver;

 

(c)

took the following into account:

 

 

·        

all that was said by the taxi driver and his representative who attended in support;

 

 

·        

all the information within the report;

 

 

·        

all relevant law and policy referred to within the report.

 

The Committee agreed, having considered the report on its own merits, that it was satisfied that the taxi driver was a fit and proper person to hold a private hire drivers licence however had concerns relevant to the Council’s licensing objectives of Safety and Health of Drivers and the Public, Vehicle Safety, Prevention of Crime and Disorder and the Protection of Consumers.

 

The Committee considered all available sanctions against the taxi driver’s licence and elected to suspend the licence for 21 days on the grounds of “any other reasonable cause” under PCCA 1975.

 

(Councillor Tuffin was unable to participate in the deliberation of this licence as connectivity issues had prevented him from hearing all of the evidence provided during the course of the meeting).

 

(Please note: there is a confidential part to this minute)

 

 

25.

Review status of Hackney Carriage Driver Licence

The Director of Public Health will submit a report on the review status of a Hackney Carriage driver licence.

Minutes:

The Committee –

 

(a)

considered the report from the Director of Public Health;

 

(b)

heard from the taxi driver;

 

(c)

took the following into account:

 

 

·          

all that was said by the taxi driver;

 

 

·          

all the information within the report;

 

 

·          

all relevant law and policy referred to within the report.

 

The Committee agreed, having considered the report on its own merits, that it was satisfied that the taxi driver was a fit and proper person to hold a Hackney Carriage driver’s licence however had concerns that his driving record illustrated an unwillingness to behave in a manner that could reasonably be expected of a professional driver. This was relevant to the Council’s licencing objectives of Safety and Health of Drivers and the Public, Vehicle Safety, Prevention of Crime and Disorder and the Protection of Consumers.

 

Members agreed to suspend the driver’s licence for a total of 14 days. 7 days were awarded in respect of the driver’s motoring offences and 7 days in respect of the failure to notify the Licensing Department in the required manner. He was also required to re-sit the Drivers Standards Test within three months and provide proof of passing that test to the Licensing Department within that period. He must book that test within 14 days of receiving the decision letter and provide proof of that booking to the Licensing Department within that period. Failure to produce the booking and the proof of passing the Driving Standards Test in the time specified above may result in him being brought back before the Committee with all possible sanctions against his licence being considered including revocation.

 

(Please note: there is a confidential part to this minute)