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 to consider applications for the grant of Private Hire and Hackney Carriage Vehicle Driver’s Licences, a report for the consideration of the suspension/revocation of a Private Hire Vehicle Driver’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 an application for the grant of a Private Hire Vehicle Driver’s Licence, an application for the grant of a Hackney Carriage Vehicle Driver’s Licence, an application for the consideration of the suspension/revocation of a Private Hire Vehicle Driver’s Licence and an appeal against the allocation of penalty points to a Private Hire Driver’s Licence.

LMS (Appendix 1) was present at the meeting with his solicitor,Adonis Daniel. Both addressed the Sub-Committee and responded to questions.

WHR (Appendix 2) was present at the meeting, addressed the Sub-Committee and responded to questions.

MY (Appendix 3) was not present at the meeting. The Sub-Committee noted that MY had been informed of the time and date of the hearing, had failed to attend, and had failed to communicate any reason for not attending.The Sub-Committee was satisfied that MY had been made aware that the hearing would be taking place and decided to determine the application in his absence.

NS (Appendix 4) was present at the meeting, addressed the Sub-Committee and responded to questions.

Mark Groves, RBC Licensing Officer, presented each case to the Sub-Committee and responded to questions. Mike Harding, RBC Licensing Officer, also attended the meeting.

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 and their representatives who attended, and to relevant legislation and the policies of Reading Borough Council, including:

·                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 System;

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

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 for a Private Hire Vehicle Driver’s licence in respect of LMS be refused due to LMS not being considered a fit and proper person by reason of:

a)             LMS having failed to respond to repeated requests from the Licensing Team to give his explanation of the allegations investigated by TVP. The Sub-Committee were concerned that LMS had not responded to similar requests, after submitting his current application in 2023;

b)             The Sub-Committee not being satisfied that LMS’s account was reliable, when he said that he was unaware of the revocation of his previous licence, but had chosen in that same period of time, to give up his job driving a Private Hire Vehicle;

c)             LMS not having abided by his licence conditions, namely to inform the Licensing Team of his repeated changes of address, nor had he informed the Licensing Team that, according to him, he had chosen to no longer drive for reward under his licence;

d)             LMS  ...  view the full minutes text for item 24.