To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of item 4 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of the item of business at minute no LAHP.14 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act as the Panel was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Report of the Director of Law and Governance (Monitoring Officer)

The Panel was informed that the hearing was initially due to take place on 30^th August 2018 but it was rearranged at the request of the licence holder (“D”) to enable him to make arrangements for a legal representative to attend.

The hearing was subsequently arranged to take place on 26^th September 2018.  On 25^th September 2018, Watson Woodhouse Solicitors sent a request for an adjournment on the basis that, due to a conflict, they were unable to represent D and, as D had been in Turkey, he did not have time to seek alternative representation.

At the commencement of the hearing, D informed the Panel that he was aware of the request but he did not want any further delay and therefore he asked the Panel to proceed with the hearing.  The Panel considered D’s submission and concluded that it was in the public interest to proceed with the hearing.

The subject of the decision:

The Director of Law and Governance (Monitoring Officer) asked the Panel to consider whether D was a fit and proper person to continue to hold a hackney carriage and private hire driver licence.

Alternative options considered:

The Panel considered the options in paragraph 6.1 of the officer’s report but, having concluded that D was not a fit and proper person to hold a hackney carriage and private hire driver licence, the only suitable option was to revoke D’s licence with immediate effect.

The Panel was not satisfied that any of the alternative options, including issuing a warning or a suspension, would adequately serve the interests of the public and address the safety concerns raised.

The reason for the decision:

The Panel considered the officer’s report, the written and oral submissions of D, the Council’s Hackney Carriage and Private Hire Licensing Policy, and the relevant legislation.

The Panel was informed that, in July 2018, D accepted a caution for the harassment of his daughter.  The Panel considered a record of a meeting held in August 2018 between Council officers, D and D’s wife.  According to the record, D’s daughter left the family home on 30^th December 2017 and, in the weeks that followed, D attempted to contact his daughter who had refused to see or speak to him.  D’s daughter subsequently lived with a family friend in the house opposite D’s family home.

The Panel noted that D had told officers that he had become “upset and cross” and he removed his daughter’s clothes from her bedroom at the family home and placed them on the rear of his car in a position which was visible from the house opposite.  The Panel was informed that this incident was later reported to the police.

The Panel also noted that a day after D had been told not to attempt to visit his daughter he removed her bed from her bedroom and broke it into pieces, again in view from the house opposite.  D informed the Panel that the bed was already broken.  ...  view the full minutes text for item LAHP.14