Agenda and draft minutes

Councillor Banyard was appointed as Chair for this meeting.

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made by Members.

To consider the report of the Head of Service - Environment and Waste.

The Chair introduced the Sub-Committee and the Apprentice Solicitor set out the procedure for the hearing advising of the Council’s policy and the requirement under Section 48 (1) of the Local Government (Miscellaneous Provisions) Act 1976.

The Licensing Officer presented the report for an application to renew a licence in relation to a Private Hire BMW 320 Series which was over 9 years old. The vehicle was first registered on 16^th June 2016. The Applicant submitted a current MOT dated 23^rd October 2025 which a milage of 296,180. An independent mechanical inspection report was also submitted, dated 28^th October 2025, along with photographs of the vehicle. The vehicle was inspected by a council officer and was found to be in good visual condition.

The Applicant spoke in support of his application making the following comments:

·         the vehicle was in very good condition;

·         it was Euro 6 compliant; and

·         he could not see any reason to change it as it was perfect for the work.

In response to questions from Members, the Legal Advisors and the Licensing Officers, the Applicant made the following comments:

·         the vehicle was purchased in 2023;

·         he mostly worked doing school runs and evening shifts as he was working somewhere else part time;

·         the brake pads had been changed;

·         full services were carried out after 15,000 miles;

·         he already had plans to purchase an electric car in the future;

·         the interior of the car was checked daily before starting work; and

·         he felt that the car would show when there was a significant issue.

In summing up the application, the Applicant told the Panel that the car was perfect for the job, and the brakes had been noisy but that had been addressed and resolved recently.

RESOLVED that the application for the renewal of a licence relating to a Private Hire Vehicle over 9 years old be approved for 12 months, subject to the condition that the vehicle will have an MOT every six months and that this must be evidenced to the Council’s Licensing Department.

It is considered unlikely that the Committee would wish to exclude the press and public during consideration of the items on this agenda.  If, however, the Committee were to exclude the press and public, a resolution in the following form should be passed:

“RECOMMENDED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the particular item(s) on the grounds that it (they) involve the likely disclosure of exempt information as defined in paragraph(s) of Part I of Schedule 12A of the Act.”

To pass the following resolution:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for items and on the grounds that if involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

Following discussion, it was determined that the applications under items 4,5, and 6 on the agenda would involve the disclosure of exempt information as defined in Paragraph 1 of Part 2, Schedule 12A of the Local Government Act on 1972, so the meeting should move to Part 2 and the press and public be excluded from the meeting.

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 1 and 2 of Part I, Schedule 12A of the Act.

To consider the report of the Head of Service – Environment and Waste.

The Chair introduced the Sub-Committee Members and Officers. The Applicant had been referred to the Licensing Sub-Committee to determine if he was a fit and proper person to hold a Private Hire Operators Licence.

The Apprentice Solicitor set out the procedure for the hearing and the provisions of Section 55 of the Local Government (Miscellaneous Provisions) Act 1976.

The Apprentice Solicitor stated that the evidential burden was on the Applicant to prove he was a fit and proper person to hold a Private Hire Operator’s Licence.

The Principal Licensing Officer presented their report to the Sub-Committee.

The Applicant spoke in support of their application and answered questions from Members, Licencing Officers, and the Legal Advisors.

RESOLVED that the Licensing Sub-Committee were not satisfied that the Applicant was a fit and proper person to hold a Private Hire Operator’s Licence and that the application would be refused.

To consider the report of the Head of Service - Environment and Waste.

The Chair introduced the Sub-Committee Members and Officers. The Licensed Driver had ben referred to the Licensing Sub-Committee to determine if he was a fir and proper person to hold a licence to drive a Hackney Carriage / Private Hire Vehicle.

The Apprentice Solicitor set out the procedure for the hearing and the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

The Apprentice Solicitor stated that the evidential burden was not on the Licenced Driver to prove he was fit and proper but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licensed Driver was no longer a fit and proper person.

The Licensing Officer presented the report to the Sub-Committee.

A statement was given by a witness, which was accepted as true and accurate by the Licenced Driver.

The Applicant spoke in support of the application and answered questions from Members, the Licensing Officers, and the Legal Advisors.

RESOLVED that the Licensing Sub-Committee was satisfied that the Licensed Driver was a fit and proper person to hold a driver’s licence for a Hackney Carriage / Private Hire Vehicle but a written warning and 6 penalty points would be issued in accordance with the Council’s Taxi Policy.

To consider the report of the Head of Service - Environment and Waste.

The Chair introduced the Sub-Committee Members and Officers. The Licensed Driver had been referred to the Licensing Sub-Committee to determine if he was a fit and proper person to hold a licence to drive a Hackney Carriage / Private Hire vehicle.

The Apprentice Solicitor set out the procedure for the hearing and the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

The Apprentice Solicitor stated that the evidential burden was not on the Licensed Driver to prove he was fit and proper but for the Licensing Sub-Committee to be satisfied on the balance of probabilities that the Licenced Driver was no longer a fit and proper person.

The Applicant spoke in support of their application and answered questions from Members, Licensing Officers, and the Legal Advisors.

RESOLVED that the Licensing Sub-Committee was satisfied that the Licensed Driver was a fit and proper person to hold a driver’s licence for a Hackney Carriage / Private Hire Vehicle but a written warning and 6 penalty points would be issued in accordance with the Council’s Taxi Policy. The Licenced Driver also must attend a speed awareness course as agreed with the Principal Licensing Officer and provide evidence of attendance.