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.17 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 subject of the decision:

The Director of Law and Governance (Monitoring Officer) asked the Panel to consider whether the licence holder (“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 Director’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.

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.

The reason for the decision:

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

The Panel noted that D had been licensed for approximately three years from 2011 to 2014.  The Panel also noted that, in 2017, D applied for a new hackney carriage and private hire driver licence with Hambleton District Council.  The application was referred to the Council’s Licensing and Appeals Hearings Panel on 1 August 2017 to consider the application and, in particular, a caution on D’s criminal record from 24 January 2015 for an offence of battery.

The Panel also considered the contents of the minutes of the hearing where it was determined that the incident in January 2015 had been an isolated incident and subsequently D’s application was granted.  The Panel noted that, at that hearing, D had expressed regret for his conduct during the incident and had later undertaken counselling and stress management.

The Panel noted that, on 26 January 2020, the Council received a complaint from a licensed hackney carriage driver in relation to an alleged incident involving D on 19 January 2020.  The complainant alleged that, on 19 January 2020, he arrived at D’s home address to collect a pre-booked fare, at which time, D had become verbally abusive and had threatened the complainant that there would be consequences if he did not leave the property.  The Panel noted from the complainant’s account that he had tried to reason with D but D then parked his own vehicle across the highway preventing the complainant from driving away with his passengers.

D informed the Panel that the incident occurred as a result of an argument between him and his partner, which had started as a minor disagreement that escalated over the course of the day.  D told the Panel that his partner had booked a taxi as she was in the process of leaving to return to her own home.  D told the Panel that he did not want her to leave as he wanted to talk to her to resolve the issue.  D also informed the Panel that he had asked the taxi driver to leave numerous times.  D informed the Panel that he could not recall using bad language but admitted  ...  view the full minutes text for item LAHP.17