Agenda and draft minutes

To receive apologies for absence and to report any substitutions

There were no apologies for absence submitted for this meeting.

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.

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 Chairman proposed the following recommendation to go into exempt session which was agreed :-

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. The applicant has disclosed on his application form that he had previously held private hire drivers licence’s with Guildford Borough Council and with Woking Borough Council, both of which had been revoked. The driver also disclosed that Transport for London (TFL) had refused him a licence. Although the drivers criminal record check (enhanced DBS) shows no offences recorded, he has disclosed on his application form that he received a Police Caution on 01/01/2017 for ‘Damage to Property Value under £5000’.

Recommendation

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

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

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

The Committee noted his explanations around the incidents that occurred in 2017 and his age at the time. The driver advised he had completed the BTEC course that was recommended at his hearing in Guildford. 

The Committee also noted the driver currently had a licence with Woking BC as a Private Hire Taxi Driver and asked why he wished to also have a Hackney Carriage Licence with Waverley in addition. The Committee clarified that this would mean he would need two separate vehicles as the same vehicle could not be licenced on two plates.  The driver acknowledged he was aware of this. 

The Committee felt concerned about the number of incidents that occurred in a short space of time and that once he had received one caution he to breech his licence conditions. 

Decision 

The Committee have deliberated the matter and respect the safety of our residents. It was felt he had not satisfied them that he was a fit and proper person to hold a Hackney Carriage Licence. 

The committee had concerns regarding the number of issues across a short period of time and had his age at the time. 

The Committee considered paragraph 3.4 of the report which outlines the words of Bingham (Lord Chief Justice) in McCool v Rushcliffe BC and feel the evidence provided did not satisfied them that he was suitable to drive a Hackney Carriage vehicle with Waverley but wished him luck with Woking BC. 

Therefore the Committee REFUSED the application for a Hackney Carriage Taxi Licence. 

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

Legal advice was sought during deliberations.