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.10 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 G) 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 G’s hackney carriage and private hire driver licence.

Alternative options considered:

The Panel considered the options outlined in the Executive Director’s report and it was satisfied that it was not necessary to refuse to renew Mr G’s licence.

The reason for the decision:

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

The Panel considered evidence in relation to Mr G’s medical history which referred to an ischaemic stroke suffered by Mr G in 2011.  The Panel accepted Mr G’s submissions that he had been prescribed stroke prevention medication for a number of years without incident.

The medical documentation also referred to an incident in October 2015 and included in the documentation was a report that Mr G had attempted suicide.  The Panel considered and gave appropriate weight to a report provided by the Tees, Esk & Wear Valleys NHS Foundation Trust’s Department of Mental Health at the time of the incident.  The Panel also considered a letter from Mr G’s doctor dated 1 August 2016.  The letter was produced in reference to Mr G’s application for a hackney carriage and private hire driver licence and provided the Panel with an up-to-date report on Mr G’s health.

On the basis of the information provided by the medical professionals, the Panel was satisfied that Mr G’s health was stable and that he did not pose a risk to the safety of the public.

The Panel concluded that in light of the evidence regarding Mr G’s medical history, a licence should only be granted for one year and a further medical assessment should be submitted in advance of any decision to renew Mr G’s licence in 2017.  The Panel concluded that the additional requirements were necessary to ensure that the Council could monitor whether there had been any change to Mr G’s status as a fit and proper person to hold a hackney carriage and private hire vehicle driver licence. 

THE DECISION:

Taking account of the above and having given appropriate weight to the evidence the Panel reached the following conclusions:-

The Panel was satisfied that Mr G was a fit and proper person to hold a hackney carriage and private hire driver licence.  The Panel granted the application for a hackney carriage and private hire driver licence for one year.  Any application to renew the licence in 2017 must be accompanied by a medical assessment that complies with the requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy.