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 3 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.8 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 Executive Director

The subject of the decision:

The Panel was asked to consider whether the licence holder (Mr W) was a fit and proper person to continue to hold a hackney carriage and private hire driver licence and whether to grant or refuse an application to renew Mr W’s licence.

Alternative options considered:

The Panel considered the options outlined in the Executive Director’s report and it was satisfied that a written warning was a proportionate response and it was not necessary to refuse to renew Mr W’s licence.

The reason for the decision:

The Panel considered evidence of an allegation that Mr W had made inappropriate remarks in the presence of a 16 year old female passenger.

The Panel considered the report of the Executive Director, the written and oral submissions made by and on behalf of Mr W and had due regard to the Council’s Hackney Carriage and Private Hire Licensing Policy and the relevant legislation. 

The Panel considered the contents of the written character references and noted that Mr W had not been the subject of any formal enforcement action in the past.  The Panel accepted that Mr W had a good history and reputation with his employer. 

The Panel was satisfied that the remarks that were made by Mr W would have likely caused the passenger to feel uncomfortable however the Panel did not conclude that those remarks would have caused the passenger to be concerned for her safety.  The Panel was satisfied that the incident referred to was an isolated incident.

THE DECISION:

Taking account of the above and having given appropriate weight to the evidence, the Panel was concerned about the remarks made and, in order to ensure that this behaviour would not be repeated in future, it sought to issue Mr W with a written warning about his future conduct.