To confirm the Minutes of the Licensing Applications Sub-Committee meeting held on 12 December 2024.

The Minutes of the meetings held on 12 December 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 setting out applications for the grant of Private Hire and Hackney Carriage Vehicle Driver’s Licences and a report to consider the suspension/revocation of a Hackney Carriage Vehicle Driver’s Licence.

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

• An application for the grant of a Hackney Carriage Vehicle Driver’s Licence – Applicant MS (Appendix 1);
• An application for grant of a Private Hire School Transport Vehicle Driver’s Licence – Applicant JA (Appendix 2);
• A report requesting consideration of the suspension/revocation of a Hackney Carriage Driver’s Licence: Licence Holder MAK (Appendix 3).

Summaries detailing the circumstances relating to each case were attached to the report at Appendices 1, 2 and 3.

MS did not attend the meeting and not had not responded to officers with apologies or to ask for a deferral. The Sub-Committee considered that it would be appropriate to decide the application in their absence.

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

MAK and his legal advisor, Adonis Daniel, Andrew Storch Solicitors, attended 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.Mike Harding, Ben Williams and Clyde Masson, RBC Licensing Team also attended the meeting. Ben Williams 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, in particular Section 61 relating to the suspension and revocation of drivers’ licences;

·       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 Convictions Policy;

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

·       All of the documents provided for the meeting and;

·       The Fit and Proper Person Test.

Resolved –

(1)           That the application by MS for the grant of a Hackney Carriage Vehicle Driver’s Licence be refused due to MS not being considered a fit and proper person by reason of the nature of the convictions as detailed in the report, insufficient time having passed since the date of the conviction and under sections 44, 48, 49, 52 and 53 of the Council’s Hackney Carriage and Private Hire Convictions Policy and by reason of:

(a)       The Sub-Committee was bound by its own Hackney Carriage and Private Hire Convictions Policy 2023. This had come in to force since the last time MS had held a licence from the Council.

(b)    Section 44 of the Policy clearly stated that where an applicant had any conviction for, or related to, the supply of drugs, or possession with the intent to supply or connected with possession with intent to supply, a licence would not be granted until  ...  view the full minutes text for item 43.