To confirm the Minutes of the Licensing Applications Sub-Committee meeting held on 27 June 2024.

The Minutes of the meeting held on 27 June 2024 were confirmed as a correct record and signed by the Chair.

At this point, the following motion will be moved by the Chair:

“That, pursuant to Section 100A of the Local Government Act 1972 (as amended) members of the press and public be excluded during consideration of the following items on the agenda, as it is likely that there would be disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A of that Act.”

Resolved –

That, pursuant to Section 100A of the Local Government Act 1972 (as amended), members of the press and public be excluded during consideration of the following item of business as it was likely that there would be disclosures of exempt information as defined in paragraphs 1, 2, 3 and 5 specified in Part 1 of Schedule 12A (as amended) to that Act.

A report asking the Sub-Committee to determine an application for the grant of a Private Hire Vehicle Driver's Licence, an application to consider the suspension/revocation of a Private Hire Vehicle Driver's Licence and appeals against the allocation of penalty points to Private Hire Vehicle Drivers' Licences

The Sub-Committee considered a report that set out the following:

·                An application for the grant of a Private Hire Vehicle Driver’s Licence – Applicant SS (Appendix 1);

·                An application to consider the suspension/revocation of a Private Hire Vehicle Driver’s Licence – Licence Holder MA (Appendix 2);

·                An appeal against the allocation of penalty points to a Private Hire Vehicle Driver’s Licence – Licence Holder IAK (Appendix 3); and

·                An appeal against the allocation of penalty points to a Private Hire Vehicle Driver’s Licence – Licence Holder TM (Appendix 4).

Summaries detailing the circumstances relating to each of the above listed applications and appeals were attached to the report at Appendices 1 to 4.

SS attended the meeting, addressed the Sub-Committee and responded to questions.

MA was not present at the meeting. MA had contacted Licensing Officers prior to the meeting and had requested a deferral to allow him to attend the Sub-Committee.

IAK was present at the meeting, accompanied by Kamran Saddiq, Reading Private Hire Association. They both addressed the Sub-Committee and responded to questions.

TM was present at the meeting, addressed the Sub-Committee and responded to questions.

Nicola Butler, RBC Licensing Team, presented the report to the Sub-Committee and asked and responded to questions. Ben Williams RBC Licensing Team also attended the meeting, addressed the Sub-Committee and responded to questions. Mike Harding attended the meeting for the consideration of the cases attached at appendices 3 and 4, addressed the Sub-Committee and responded to questions.

In reaching its decisions the Sub-Committee endeavoured to strike a fair balance between the interests of the applicants and the concerns of officers, and gave due consideration to the written material contained in the paperwork, the oral evidence provided at the meeting by Licensing Officers, the applicants/appellants, their representatives, and to relevant legislation, guidance and the policies of Reading Borough Council, and in particular:

·                The Town Police Clauses Act 1847;

·                The Local Government (Miscellaneous Provisions Act) Act 1976;

·                The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022;

·                The Equality Act 2010;

·                The Secretary of State’s Guidance;

·                Reading Borough Council's Hackney Carriage and Private Hire Vehicle conditions and penalty points enforcement systems;

·                Reading Borough Council's Hackney Carriage and Private Hire Vehicle Convictions Policy;

·                All of the documents provided for the meeting including the additional information provided after the publication of the agenda; and

·                The Fit and Proper Person Test.

Resolved –

(1)           That the application by SS for the grant of a three-year Private Hire Vehicle Driver’s Licence be refused due to SS not being considered a fit and proper person by reason of:

(a)            the nature of the offence, as detailed in the report;

(b)           insufficient time having elapsed since the conviction for the offence, as detailed in the report; and

(c)           Section 57 of Reading Borough Council’s Hackney Carriage and Private Hire Vehicle Convictions Policy, which states:

Using a hand-held device whilst driving

“Where the offence is dealt with as a driving offence and penalty points  ...  view the full minutes text for item 11.