Agenda and draft minutes

To receive apologies for absence and to report any substitutions

There were no apologies 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 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 advised that the meeting would be held in exempt session and members of the Public and Press were excluded.

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. In January 2023 he had his hackney carriage/private hire driver’s licence renewal application refused following his arrest regarding allegations of domestic violence.

Recommendation

It is recommended that the Sub-Committee give consideration to the application and his previous history/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 his explanations around the incidents that occurred in January 2023. The driver indicated that he felt that the incidents reported had all been unfounded. With regards to the incident on 12 January 2023, where he was accused of having fake badges, it was explained he was, at that time, a licensed driver and did not have fake plates.  As for the arrest for domestic violence the driver explained this was a misunderstanding between himself, his wife and his mother-in-law and was dismissed by the police once thoroughly investigated and he denied any wrongdoing.

The Committee also noted that the incidence where he was accused by a traffic warden of parking on double yellow lines was heard by Guildford Borough Council and they had accepted your account. It was felt that following investigation of the work log, it was more likely than not that he had not stayed for more than a couple of minutes whilst assisting an elderly lady who had been his fare.

With regards to the reports of the vehicle not displaying plates the driver explained that he had been forced to remove them overnight as they were magnetic and there had been instances where the plates were removed by people unknown and thrown into bushes. You accepted that you had some difficulties with your neighbour which may have arisen initially in relation to parking issues.

The Committee felt concerned about the number of incidents that occurred in a short space of time but appreciated that many had been disputed and no significant evidence provided in support or against.

The committee also carefully considered the character references which had been provided in support of the case.

Decision

The Committee carefully deliberated the matter and considered the Licensing Objectives in particular the safety of our residents. The Committee felt that, on the balance of probability, they were satisfied that he was a fit and proper person to hold a Hackney Carriage Licence.

The Committee reiterated that they did not want to see him return to a hearing in the future and ask that, if he felt he needed to remove his plate to maintain its safety, to display it in the vehicle overnight.

The Committee therefore GRANTED the application.

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

Legal advice was sought during deliberations.