Agenda and minutes

To receive apologies for absence and to report any substitutions

Apologies were received from Cllrs Jerome Davidson and James Staunton.

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 submitted the following motion:-

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 from Mr Muhammed Ali. The applicant’s criminal records (enhanced DBS) check has disclosed 2 convictions, one of which resulted in a driving disqualification.

Recommendation

It is recommended that the Sub-Committee give consideration to the application and the applicant’s previous driving record and convictions.

The Committee considered the report, supporting material and a submission from the driver on the circumstances leading to the hearing.

In relation to his previous conviction for the offence of driving a motor vehicle with the proportion of specified drug above the specified limit on 7 August 2017, contrary to the Road Traffic Act 1988 S 5A (1)(a), the Committee heard that he had been disqualified from driving on the 3 November 2017 for a period of 12 months.

The Committee considered carefully the information provided and heard the drivers explanation of events. He explained that he had grown up a lot in the last five years and had completed a number of qualifications. He apologised for his previous conduct and explained the impact of the disqualification upon his life.

After hearing all of the evidence, the Committee retired to deliberate.

The Committee were advised that Waverley Borough Council’s current (April 2021) Hackney Carriage and Private Hire Licensing policy states:

Drink driving/driving under the influence of drugs

Where an applicant has a conviction for drink driving or driving under the influence of drugs, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence or driving ban imposed. In the case of driving under the influence of drugs, any applicant will also have to undergo drugs testing at their own expense to demonstrate that they are not using controlled drugs. 

It was therefore agreed that the application for a Hackney Carriage / Private Hire Driver’s Licence must be REFUSED on this occasion, as 7 years had not elapsed since the driving ban ended.

The Committee suggested that, if he wished to re-apply after November 2025, he should do so and provide at least one negative drug test result.

The decision was felt to be fair, reasonable, proportionate and in accordance with human rights and natural justice principles.

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

Legal advice was sought during the Sub-Committee’s deliberations.