Agenda and minutes

To receive apologies for absence and to report any substitutions

Apologies were received from Cllrs Jerome Davidson and Maxine Gale. Cllrs David Munro and John Robini substituted.

To receive from members declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest submitted for this meeting.

To consider the following recommendation on the motion of the Chairman:-

Recommendation

That pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in paragraph 1 of the revised Part 1 of Schedule 12A to the Act in respect of the following item:

Information relating to any individual (paragraph 1)

The Chair took the meeting into exempt session after agreement of the following recommendation:

That pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in paragraph 1 of the revised Part 1 of Schedule 12A to the Act in respect of the following item:

Information relating to any individual (paragraph 1)

The purpose of this report is to enable the Sub-Committee to consider a new application for a hackney carriage/private hire driver’s licence and the drivers suitability to hold such a licence. The applicant has previously been licensed by Waverley as a hackney carriage/private hire driver on two separate occasions, both of which were later revoked.

Recommendation

It is recommended that the Sub-Committee give consideration to the application and his previous conviction/driving and licensing record

The Committee considered the report, and at the hearing heard further from the driver.

He acknowledged that he had been provided with a copy of the report in advance of the hearing.

The Committee noted that there was a difference of opinion in relation to the circumstances of the most recent complaint where he indicated the occupants were rowdy. The driver did not accept that he was travelling at speed in excess of the legal limit and indicated that he felt the occupant accompanying the children was drunk. In relation to the use of the mobile telephone, he advised that he did have a mobile in the vehicle but at no time did he text.

The driver accepted he was driving a vehicle which was not licensed at the relevant time and explained that you had done so as a favour to his friend as there were no other drivers available at the time but that no fare was received by him for this journey.

The Committee noted that the drivers solicitor (Hollingsworth Edwards) had indicated he had agreed to undertake a number of skills courses with the organisation, The Access Group. However the driver informed the committee  he was unable to take these courses as he could not afford them. The Driver indicated he had undertaken an anger management course some 4 years previous but it was noted this had been prior to the incident in January 2022 where his licence had been previously revoked.

The Committee were disappointed that he had elected to drive the vehicle to collect a passenger, knowing that he was not licensed, which was a clear breach of the expectations and requirements upon drivers.

It was noted from the questioning and his responses in relation to the recent incident that he felt that the passenger was drunk and could therefore not be relied upon as a witness. However, the Committee felt that there was an unwillingness to accept and/or lack of understanding that the passenger may have been in fear or intimidated, as there were young children in the vehicle. When this was pointed out, the driver demonstrated a clear lack of empathy, and was not prepared to consider that experiences may differ. It was noted that he had not asked for any fare or receive any monies at the end of the journey and the passenger left the vehicle choosing to walk to their destination.

The Committee felt that his behaviour and conduct and the fact he was an unlicensed driver was highly unsatisfactory.

The Committee noted that the driver had been licensed since 2011 and had appeared before the Committee on several previous occasions. In 2013 he received a strict warning and in 2014 his licence was revoked, a decision which was upheld in the Magistrates Court and the Crown Court. It was noted that in 2016 he was granted a private hire licence, which was then converted to a hackney carriage licence in 2017, his licence had then been revoked a  ...  view the full minutes text for item 26.

To consider any legal advice relating to any items in the agenda.

Legal advice was sought throughout the committees deliberation.