Agenda and minutes

To receive apologies for absence and to report any substitutions

Apologies were received from Cllr Jerome Davidson and Cllr James Staunton.  Cllr Maxine Gale attended as a substitute.

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 proposed a motion to go into exempt session as set out in the agenda and this was AGREED.

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. The applicant’s enhanced criminal records check has disclosed a conviction of failing to provide a specimen for analysis (being in charge of a motor vehicle) which the applicant did not disclose on his application form. This resulted in a 12-month disqualification from driving (reduced if course completed)

The applicant did disclose on his application that he had received 6 penalty points on his DVLA licence, (which expired on 12 July 2022) for causing or permitting offences, using a vehicle uninsured against third party risks.

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

The Committee considered carefully the information provided and heard the drivers explanation of events.

After hearing all the evidence, the Committee retired for a short while to deliberate.

In conclusion the Committee felt that, taking into account the information set out within the papers, the evidence provided, and the answers supplied by the driver in response to the sub-committee’s questions, that they were not satisfied that he was a ‘fit and proper person’ to hold a Hackney Carriage/ Private Hire Licence at this time. According to Waverley’s Licensing Policy, para 6.10 and 6.13, 7 and 3 years respectively should have elapsed since completion of the relevant convictions and this had not elapsed. The Committee were not satisfied that any special reasons exist as to why the policy should be departed from. Therefore the application for a Hackney Carriage/Private Hire licence should be REFUSED.

The purpose of the report is to enable the Sub-Committee to consider an application for a Hackney Carriage/Private Hire Drivers badge. The applicant has previously held a Hackney Carriage/Private Hire Driver with both Waverley and East Hampshire councils at different times and had said licences revoked with immediate effect.

The Committee considered the report, supporting material and a submission from the driver on the circumstances leading to the hearing. The Committee considered carefully the information provided and heard the drivers explanation of events. After hearing all the evidence, the Committee retired for a short while to deliberate.

In conclusion the Committee felt that, taking into account the information set out within the papers, the evidence provided, and the answers supplied in response to their questions, that they were not satisfied that the driver was a ‘fit and proper person’ to hold a Hackney Carriage/ Private Hire Licence. The evidence showed he had knowingly been dishonest in completing his application to another authority immediately after revocation of his licence by Waverley BC and the inconsistencies in the evidence did not satisfy the committee of his suitability to hold a licence.

Therefore the application for a Hackney Carriage/Private Hire licence should be REFUSED.

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. The applicant has disclosed on his application form and is also disclosed on a DVLA drivers licence check, an offence, TT99 – ‘Totting Up’ (If the total of penalty points reaches 12 or more within 3 years), for which he received a six month ban.

The hearing for this application was postponed to a later date as the applicant was unable to attend.

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

Legal advice was sought throughout the hearing and deliberation.