Agenda and minutes

Special, Licensing Sub-Committee A
Tuesday, 11th June, 2019 10:00

Venue: Committee Rooms 2/3, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Michael Pitman 

Items
No. Item

202.

Election of Chairperson

Minutes:

Members were required to election a Chairperson due to the absence of Councillor David Lewis (Chairperson). Members elected Councillor Mike Kearn

203.

Apologies for Absence

To receive apologies for absence from Members.  

Minutes:

Cllr DRW Lewis (Chairperson)

204.

Declarations of Interest

To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members Code of Conduct adopted by Council from 1 September 2008.

Minutes:

None

205.

Exclusion of the Public

The report relating to the following item is not for publication as it contains exempt information as defined in Paragraph 12 of Part 4 and/or Paragraph 21 of Part 5 of Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information)(Variation)(Wales) Order 2007.

 

If following the application of the public interest test the Committee resolves pursuant to the Act to consider this item in private, the public will be excluded from the meeting during such consideration.

 

 

Minutes:

RESOLVED: That under Section 100A (4) of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007, the public be excluded from the meeting during consideration of the following items of business as they contained exempt information as defined in Paragraph 12 of Part 4 and/or Paragraph 21 of Part 5 of Schedule 12A of the Act.

 

Following the application of the public interest test it was resolved that pursuant to the Act referred to above, to consider the following items in private, with the public excluded from the meeting, as it was considered that in all circumstances relating to the items, the public interest in maintaining the exemption outweighed the public interest in disclosing the information, because the information would be prejudicial to the applicants so mentioned.    

206.

Disciplinary Hearing for Existing Taxi Driver

Minutes:

Grant Hughes

2 Waterton Road

Waterton

Bridgend

 

Mr Hughes was not in attendance.

 

The Senior Licensing Enforcement Officer presented a report which outlined the reason for the disciplinary hearing.

 

She advised Members that a hearing was called on the 4 June 2019 to determine the action to be taken but the applicant did not attend. The hearing was therefore deferred to the 11 June 2019 for determination.

 

She explained that as Mr Hughes was not in attendance again, they must make a decision to defer the hearing to a later date or continue with the hearing in his absence.

 

The Sub Committee made the decision to proceed with the hearing in the absence of Mr Hughes.

 

The Senior Licensing Enforcement Officer noted that the driver was issued with a licence to drive on 14 December 2018. He was required to provide a Disclosure and Baring Service (DBS) certificate to the Council.

 

She explained that Mr Hughes was given notice in writing to produce a DBS certificate on the 4 April 2019 and again on the 23 April 2019 but had failed to do so.

 

A Member asked if Mr Hughes was driving at that time and if so what company he was working for

 

The Senior Licensing Enforcement Officer explained that he was not driving at that time but wished to retain his licence. He was not employed by a company and was acting as a Private Hire Operator.

 

She further explained that Mr Hughes was visited by a Licensing Enforcement Officer at his residence and although was assured a certificate would be provided had failed to do so.

 

The Sub Committee had no further questions therefore adjourned to make a decision. The decision read as follows:

 

RESOLVED: “The Committee determines to hear the matter in the absence of Mr Hughes. Mr Hughes has been given two opportunities to attend before the Committee but has failed to do so. 

 

The Committee heard from the licensing officer who advised that the licence was issued to Mr Hughes on 14 December 2018 and was given notice to provide his DBS to the council on 04 April 2019 and again on the 23 April 2019 but failed to comply with that request.  A licensing enforcement officer also visited Mr Hughes at his property and he assured the officer he would supply the DBS but unfortunately still failed to do so.

 

The Committee have to ensure that taxi drivers are fit and proper people and providing a DBS certificate is part of that process.

 

The Committee cannot satisfy themselves that Mr Hughes is a fit and proper person as he has not provided a DBS certificate and on this basis have decided to revoke the licence”.