Meeting documents

Regulatory Committee (2005-2016)
Thursday, 3rd June, 2010 7.30 pm

Date:
Thursday, 3rd June, 2010
Time:
7:30 pm
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Present: Councillors S.S. Banwait, M.A. Brunt†, Mrs. L.J. Brunt , G.P. Crome†, Dr. L.R. Hack, R. Harper, A.C.J. Horwood, I.A. Khan, G.L. Norman and Ms. B.J. Thomson.

†Substitute Member

Also Present:
The Mayor, Councillor D.J. Pay, for Minutes 2 and 3.
Min NoDescriptionResolution
Part I
1. CONSENT FOR THE MAYOR TO TAKE THE CHAIR
 RESOLVED that in accordance with the Council's Constitution, consent be given for the Mayor to take the Chair for the next item of business.
2 ELECTION OF CHAIRMAN
 RESOLVED that Councillor A.M. Lynch be elected Chairman of the Committee for the Municipal Year 2010/11.
3 ELECTION OF VICE-CHAIRMAN
 RESOLVED that Councillor Mrs. L.J. Brunt be elected Vice-Chairman of the Committee for the Municipal Year 2010-11.

(In the absence of the Chairman, Councillor Mrs Brunt took the Chair)
4 MINUTES
 RESOLVED that the Minutes of the meeting held on 21st October 2009 be approved as a correct record and signed.
5 APOLOGIES FOR ABSENCE
 Councillor A.M. Lynch (sub: Councillor M.A. Brunt) and Councillor S.T. Walsh (sub: Councillor G.P. Crome).
6 DECLARATIONS OF INTEREST
 There were no declarations of interest.
7 ANY OTHER URGENT BUSINESS
 There was no urgent business.
8 EXEMPT BUSINESS
RECOMMENDED that members of the Press and public be excluded from the meeting for the following items of business under Section 100A(4) of the Local Government Act 1972 on the grounds that:
 RESOLVED, that members of the Press and public be excluded from the meeting for the following item of business under section 100A(4) of the Local Government Act 1972 on the grounds that:

(i) it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act; and

(ii) the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Part II(Confidential)
9 HACKNEY CARRIAGE DRIVER LICENCE:
  • (Attachment: 2)Agenda item: 9
  • |
    (Attachment: 3)Annexes to agenda item 9
Minute for Minute Number 9
RESOLVED that a warning be issued to the licence holder, to be valid until renewal of his licence, advising him that should this Council receive any further complaints about his conduct that is contrary to the actions of a fit and proper person during this period, then the licence will be presented for review to the Council's Regulatory Committee.

Reasons for the Decision

The Committee considered the report and submissions by and on behalf of the licence-holder. The Committee also considered the licence holder's medical and emotional condition at the time of the incident. It noted that the licence holder accepted that his behaviour was unacceptable and regretted the incident.

The Committee fully supports the Council's aim to ensure that the behaviour and conduct of all its licensed drivers is of the highest standard. In its deliberations, the Committee had significant concerns about the incident and the actions by the applicant towards a vulnerable member of the public.

The Committee concluded, in compliance with s51 of the Local Government (Miscellaneous Provisions) Act 1976, that the licence holder's conduct as described in the report was unacceptable and of significant concern.
10.04 pm

Minute

Min NoMinute
9The Committee considered a report upon whether a licence holder was a fit and proper person to continue holding a licence.

The report and its annexes set out a chronology of complaints against the licence holder, made over the past ten years. The annexes included the licence holder's response to each of the specific incidents.

No action had been taken in respect of these complaints, but the licence holder was advised by letter, in April 2006, that whilst no further action would be taken in respect of the past complaints, any breach of the licence conditions calling into question his suitability to hold a licence may be referred to a licensing committee.

The Committee was being asked to review whether the licence holder continued to be a fit and proper person to hold a licence, because a complaint had been made by a vulnerable person, in July 2009.

The incident had been fully investigated by officers and details were set out in the report and its annexes, including transcripts of the statements taken from the complainant and two witnesses. A transcript of an interview with the licence holder was also annexed to the report.

The licence holder attended the meeting, together with his representative, who made submissions to the Committee on his behalf. The licence holder also addressed the Committee and expressed his sincere regrets that a vulnerable person had suffered distress, caused by her interpretation of his actions and his subsequent conversation with another taxi driver.

The Committee asked questions of the licence holder and officers, and sought clarification on a number of points.

The Committee noted that the case was unusual in that the complainant had made the complaint and subsequent statements through the intermediary of an interpreter in sign language.

The Committee noted that its role was comparable to that of a civil court, in which conclusions were reached based upon the balance of probability, the overriding concern being to protect the public interest.

The Committee adjourned at 9.04 pm to deliberate in private session
and reconvened at 10.02 pm to give its decision.