Councillor Woodward declared an interest in the case at Appendix 5 on the grounds that he had been consulted on the revocation of the applicant’s previous Private Hire (School Transport) Operator’s Licence and associated Private Hire (School Transport) Vehicle Licences. Cllr Woodward left the room and took no part in the discussion or decision making in relation to the case at Appendix 5. Cllr Woodward was replaced by Cllr G Dennis who was present for the determination of the case at Appendix 5 only. The Sub-Committee’s Vice-Chair, Cllr Edwards, took the Chair for the determination of Appendix 5 only.

To confirm the Minutes of the Licensing Applications Sub-Committee meeting held on 10 August 2023.

The Minutes of the meeting held on 10 August 2023 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.

To allow the Sub-Committee to consider applications for the grant of Private Hire and School Transport Vehicle Driver’s Licences, a report for the consideration of the suspension/revocation of a Private Hire Vehicle Driver’s Licence, an application for the grant of a Private Hire (School Transport) Operator’s Licence and an appeal against the allocation of penalty points to a Private Hire Vehicle Driver’s Licence.

The Sub-Committee considered a report that set out applications for the grant of Private Hire Vehicle Drivers’ Licences, an application for the grant of a three-year School Transport Vehicle Driver's Licence, an application for the grant of a Private Hire (School Transport) Operator's Licence and an appeal against the allocation of penalty points to a Private Hire Vehicle Driver's Licence. Summaries detailing the circumstances of each of the cases were attached to the report at Appendices 1 to 5.

DK (Appendix 1) was present at the meeting with his representative, NK. Both addressed the Sub-Committee and responded to questions.

MGP (Appendix 2) was not present at the meeting. MGP had not responded to the Licensing’s email of 28 July 2023 and had not provided any explanation for her absence. The Sub-Committee was satisfied that MGP had been made aware that the hearing would be taking place and decided to determine the application in her absence.

KMB (Appendix 3) was present at the meeting, with his representative, KS, from the Reading Private Hire Association. Both addressed the Sub-Committee and responded to questions.

SBM (Appendix 4) was not present at the meeting. SBM had sent an email to Licensing officers saying he wanted the Sub-Committee to decide the appeal in his absence. The Sub-Committee was satisfied that SBM was aware of the hearing and therefore agreed to hear the appeal against the allocation of penalty points in SBM’s absence.

ZM (Appendix 5) was present at the meeting, addressed the Sub-Committee and responded to questions.

In reaching its decisions the Sub-Committee gave due consideration to the written evidence contained in the paperwork, the oral evidence provided at the meeting by the Licensing Officer and by the applicants who attended, and to relevant legislation and the policies of Reading Borough Council, namely:

·                The Town Police Clauses Act 1847

·                The Local Government Miscellaneous (Provisions Act) 1976;

·                The Secretary of State’s Guidance;

·                Reading Borough Council's Private Hire Vehicle Conditions;

·                Reading Borough Council's Taxi and Private Hire Vehicle Criminal Convictions Policy;

·                The Equality Act 2010;

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

In reaching its decisions the Sub-Committee endeavoured to strike a fair balance between the interests of the applicants and the concerns of officers.

Resolved –

(1)           That the application by DK for the grant of a Private Hire Vehicle Driver’s Licencebe refused on the basis that DK was not considered a fit and proper person by reason of:

a)             The nature of the offences, as detailed in the report;

b)             The failure to declare all offences, spent or not, on the application form, as detailed in the report.;

c)             The Sub-Committee not being satisfied with DK’s explanation for the two convictions he received in 2018.

d)             The Sub-Committee not being satisfied with DK’s explanation for the conviction he received in 2019.

e)             DK not having shown an understanding of the enhanced level of scrutiny required for a Private Hire Vehicle driver’s licence application;

f)               DK not being able  ...  view the full minutes text for item 15.