Agenda, decisions and draft minutes
Venue: Council Chamber, County Hall, Wynnstay Road, Ruthin
Contact: Committee Administrator (KEJ)
No. | Item |
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APOLOGIES Decision: Councillors Joan Butterfield and Hugh Irving Minutes: Councillors Joan Butterfield and Hugh Irving |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Decision: No declarations of personal or prejudicial interest had been raised. Minutes: No declarations of personal or prejudicial interest had been raised. |
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URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972. Decision: No urgent matters had been raised. Minutes: No urgent matters had been raised. |
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REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 046577 To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 046577. Decision: RESOLVED that Driver No. 046577 be suspended from driving hackney carriage and private hire vehicles for a period of one week to take immediate effect on public safety grounds. Minutes: A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i)
the suitability of Driver No.
046577 to hold a licence to drive hackney carriage
and private hire vehicles; (ii)
information received on 24
September 2013, and a subsequent complaint having been made against the Driver,
regarding the posting of inappropriate comments on a social networking website
about a fare paying passenger which also involved the disclosure of personal
details (a summary of facts together with witness statements and associated
documentation had been attached to the report), and (iii)
the Driver having been
requested to attend the meeting in support of his licence
review and to answer members’ questions thereon. The Driver was in attendance at the meeting
and confirmed he had received the report and committee procedures. The Licensing Enforcement Officer introduced
the report and summarised the facts of the case. Members were reminded that the matter had
been deferred from the last meeting at the Driver’s request as he had been
unable to attend. The Driver submitted a written plea in
mitigation together with character references from his employer and some of his
regular customers (circulated at the meeting).
He expressed deep remorse over the incident and assured the committee as
to his previous good conduct and future behaviour. He referred to circumstances surrounding the
incident and explained he thought the postings private banter between
friends. The Driver acknowledged his behaviour was unacceptable and offered his apologies to the
passenger concerned. Finally he referred
to his family circumstances advising that losing his licence
would cause extreme hardship. Members questioned the Driver about his
actions, particularly referring to the rationale behind his behaviour
and his interpretation of events. The
Driver was keen to stress that he had never intended his comments be made
public or cause offence and naively thought they had been made between
friends. He did not intentionally
disclose address details and was adamant he would never have revealed the
passenger’s name or full address. In
addition the Driver advised that he always treated his passengers courteously
and with respect. In his final statement the Driver expressed
deep regret and apologised again for his
actions. He urged members not to remove
his licence and provided assurances as to his future
conduct highlighting his previously unblemished record. The committee adjourned to consider the case
and it was – RESOLVED that Driver No. 046577 be suspended from driving hackney carriage
and private hire vehicles for a period of one week to take immediate effect on public
safety grounds. The reasons for the Licensing Committee’s
decision were as follows – Members carefully considered all the evidence
presented and the Driver’s submission in support of his case including his plea
in mitigation and character references provided. Serious concerns were expressed regarding the
disrespectful comments posted by the Driver in respect of a vulnerable
passenger and the fact that he had revealed part of her address which could
have placed the individual at risk.
Members had considered revocation of the licence
but had taken into account the Driver’s demeanor and genuine remorse over the
incident together with the fact that the comments had not been abusive in
nature and he had not disclosed the passenger’s full address. Consequently it was agreed to suspend the licence with immediate effect for one week on the grounds
of public safety. In addition the
committee expected the Driver to make a fulsome apology to the passenger
concerned and for a copy to be sent to the Licensing Section for file purposes. The committee’s decision and reasons therefore were ... view the full minutes text for item 4. |
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REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 048997
To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 048997. Decision: RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence issued to Driver No. 048997 be revoked on public safety grounds. Minutes: A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i)
the suitability of Driver No. 048997 to hold a
licence to drive hackney carriage and private hire vehicles; (ii)
a complaint having been made from a Civil
Enforcement Officer regarding the behaviour of the licensed driver on 10
October 2013 following the issuing of a Penalty Charge Notice in respect of a
hackney carriage vehicle; (iii)
the Driver having subsequently been issued with
a Public Order Offence Fixed Penalty Notice by North Wales Police relating to
the incident (a summary of facts together with witness statements and
associated documentation had been attached to the report), and (iv)
the Driver having been invited to attend the
meeting in support of his licence review and to answer members’ questions
thereon. The Licensing Enforcement Officer (LEO)
provided a summary of the report and advised that the Driver was not
present. The matter had been deferred
from the last meeting following written representations from the Driver and his
instructed solicitors requesting an adjournment. The solicitors had since advised that they no
longer represented the Driver concerned.
In the absence of any explanation from the Driver regarding his non attendance; the fact that the matter had already been
adjourned at the Driver’s request, and given the serious nature of the case
members decided to proceed with the review in the Driver’s absence. The Head of Legal and Democratic Services
reminded members of the representations that had been made at the last
meeting. He read out a letter received
from the Driver concerned in which he accepted the serious nature of the
incident and wished to put the matter into the hands of solicitors. He conveyed his apologies and deep remorse
for the incident advising that a series of unfortunate events had led to its
culmination. The Driver had felt that
the evidence presented had been biased against him and he wanted to prepare a defence and provide witness statements. The LEO responded to questions from members
advising that – ·
details of
the member of the public involved in the incident had not been taken at the time
of the event and unfortunately he could not be traced ·
confirmed
there were some minor anomalies between the two statements provided by the
Civil Enforcement Officers ·
Civil
Enforcement Officers permitted cars to park for up to ten minutes in the parking
bay before issuing a Penalty Charge Notice ·
it was not
known whether the Driver had paid the Fixed Penalty Notice issued by the Police
but had indicated in his statement that he intended to do so. At this juncture the committee adjourned to
consider the case and it was – RESOLVED that the Hackney Carriage and Private Hire Driver’s Licence issued to Driver No. 048997 be revoked on public
safety grounds. The reasons for the Licensing Committee’s
decision were as follows – Members carefully considered all the evidence presented including written representations previously submitted by the Driver as part of his adjournment request at the last meeting. Serious concerns were expressed regarding the behaviour exhibited by the Driver during the incident; in particular his aggression towards the Civil Enforcement Officers and a member of the public present together with the foul and abusive language used which demonstrated an issue with his management of anger. This incident had occurred whilst the Driver was on duty and in a public place witnessed and overheard by the public and possibly children. Members noted that North Wales Police had seen fit to issue a Public Order Offence Fixed Penalty Notice which corroborated to ... view the full minutes text for item 5. |