Havant Borough Council
Councillors:
36
Wards:
17
Committees:
35
Meetings (2025):
87
Meetings (2024):
96
Meeting
Licensing Sub Committee - Havant
Meeting Times
Scheduled Time
Start:
Wednesday, 12th February 2025
10:00 AM
Wednesday, 12th February 2025
10:00 AM
End:
Wednesday, 12th February 2025
12:00 PM
Wednesday, 12th February 2025
12:00 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
12 Feb 2025
12 Feb 2025
Location:
Public Service Plaza, Civic Centre Road, Havant PO9 2AX
Public Service Plaza, Civic Centre Road, Havant PO9 2AX
Meeting Attendees
Secretary
Democratic Services Officer
Emma Carlyle
Expected
Secretary
Democratic & Electoral Services Manager
Jenni Harding
Expected
Public
Spare Copies
Expected
Chairman
Councillor Charles Robert
Present, as expected
Committee Member
Councillor Munazza Faiz
Present, as expected
Other Member
Chairman of Governance Committee
Agenda
1
Apologies for absence
To receive and record any apologies for absence from members.
Minutes
There were no apologies of absence received.
2
Declarations of Interests
To receive and note any disclosable pecuniary interests from councillors. In accordance with the Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.
Councillors are further invited to disclose any personal or prejudicial interests which may be relevant to any matter on this agenda. Participation in the meeting and vote shall depend upon the nature of the interest.
Councillors should refer to the declaration of interest flowchart and raise any queries with the Monitoring Officer in advance of the meeting.
Members are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent and if appropriate, withdraw from the room immediately thereafter.
Councillors are further invited to disclose any personal or prejudicial interests which may be relevant to any matter on this agenda. Participation in the meeting and vote shall depend upon the nature of the interest.
Councillors should refer to the declaration of interest flowchart and raise any queries with the Monitoring Officer in advance of the meeting.
Members are reminded that they should re-declare their interest before consideration of the item or as soon as the interest becomes apparent and if appropriate, withdraw from the room immediately thereafter.
Minutes
There were no declarations of interests relating to matters on the agenda.
3
Licensing Hearing - Determine suitability of licensed Private Hire/Hackney Carriage Driver
Report number HBC/017/2025 attached from the Licensing Officer.
Attachments:
- Document Committee Report 03 Feb 2025
- Document APPENDIX A REDACTED 03 Feb 2025
- Document APPENDIX B REDACTED 03 Feb 2025
- Document APPENDIX C REDACTED 03 Feb 2025
Minutes
LICENSING PANEL
DECISION OF THE MEETING HELD ON 12 FEBRUARY 2025
COMBINED HACKNEY CARRIAGE & PRIVATE HIRE TAXI DRIVER’S LICENCE
The Sub-Committee has considered very carefully the report of the Licensing Officer and all the evidence presented today. This included the dash-cam footage provided by the police showing the applicant’s driving on 12 October 2023.
It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”), Havant Borough Council Taxi Policy including the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.
The applicant attended the hearing and with the permission of the Chairman addressed the Sub-Committee. The applicant provided further information regarding the speeding offence from 12 October 2023 that he was convicted for in August 2024 and for which he received a 14-day driving ban and a fine. He also explained his reasons for not notifying the Licensing Officer about his driving ban and fine.
The Sub-Committee considered all the facts and has decided that the applicant license should be suspended for 30 days pursuant to section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 for the reasons below.
Reasons for Decision
The Licensing Officer addressed the Sub-Committee highlighting the reasons for the hearing. The Sub-Committee was referred to the Taxi Policy and guidance around the fit and proper test and the conditions on the applicant’s licence that state:
27. The driver shall notify the Council in writing within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence, including the issue of a police fixed penalty notice. An arrest for any of the offences within this scope will result in a review by the Council as to whether the licence holder continues to be fit and proper to hold a licence.
29. If at any time during the life of the licence the licence holder is the subject of a driving ban imposed by a Court of Law, they shall immediately (i.e., within 24 hours) give notice in writing to the Council and surrender their driver’s badge.
The Sub-Committee heard that the applicant was fined £384 and given a 14-day driving ban on 9 August 2024 following a speeding offence in October 2023 on the M25 in Surrey. The applicant was observed by an unmarked police car to be exceeding the speed limit of 50 mph during adverse weather conditions. The applicant’s speed was recorded, at times, in excess of 80 mph. The applicant was carrying paying passengers during this time.
The applicant apologised to the Sub-Committee for his actions. He admitted that speeding is not justifiable and the decision to speed on that day was his, as he was at risk of losing another fare if he was late. The applicant accepted that there are no good reasons for speeding, and he will not do it again.
A further concern was that the applicant did not notify the licensing department that he has been stopped by the police on 12 October 2023 and, despite numerous emails from the licencing officer seeking an update, did not notify the licensing officer about the conviction on 9 August 2024 or about the 14-day driving ban. The applicant when questioned, admitted that he had attended court on 9 August 2024 when he was convicted and received the driving ban. As such, he accepted not being completely honest with the licensing officer when he implied that he only became aware of the ban on his return to the UK in September 2024 following a period abroad.
The applicant apologised to the Sub-Committee a number of times and gave the reason of believing that the matter was “consumed” (clarified as closed / resolved) for not notifying the licensing officer of the conviction and driving ban. In summary, he suggested that as the ban had taken place whilst he was abroad and not driving he considered the matter dealt with and no further action required.
This is contradictory to the conditions on the applicant’s licence, as quoted above, which require him to notify the licensing authority of relevant matters. It is the applicant’s responsibility to ensure compliance with the conditions of his license at all times.
In addition, the applicant emailed the licensing officer a number of times confirming that as soon as he received anything from the court or police, he would let them know. The Sub-Committee considered this failure to notify as significant due to public safety considerations. Public safety is paramount that was why there are rules, regulations, conditions and policy which must be abided by. The applicant was experienced, having been a taxi driver for a number of years and he should know the rules. It was his responsibility to abide by those rules. It is important that the Licencing authority is aware when a driver had received any motoring convictions, again for public safety reasons.
The applicant was remorseful for his actions. It was clear that the applicant has been of good character and received no other complaints during his time as a licensed driver. The applicant showed the Sub-Committee his Uber account and positive rating. The applicant was extremely concerned about the impact of losing his licence on his family and income.
The Sub-Committee were reminded that the impact on a person’s family of losing or not obtaining a licence is not a relevant consideration and is not part of the fit and proper consideration, as per case law. The Sub-Committee also noted that the only consideration should be one of public safety.
The Sub-Committee considered the options available to it today which included doing nothing, suspension and revocation.
The Sub-Committee considered that whilst a minor motoring conviction for speeding may not be significantly serious, the aggravating factors around the adverse weather conditions made those actions particularly unsafe. In addition, the Sub-Committee were concerned about the applicant’s failure to comply with licence conditions to notify the licensing department of events. To do nothing was not appropriate in the circumstances. The remorse shown by the applicant and his previous good character and record were considered and the Sub-Committee considered that a total revocation would be too harsh.
The Sub-Committee considered suspension of the licence and acknowledged that the aim of suspension was to protect the public and not to punish the driver. Suspension of the licence would be a corrective measure operating as an individual deterrent against future misconduct by the driver. A suspension period between 30 and 60 days was discussed and in view of the nature of the breaches, it was felt that 30 days was appropriate. This will give the applicant further opportunity to ensure he is fully aware of his responsibilities and conditions on his license whilst maintaining public safety. The suspension will come into effect at the end of the period of 21 days beginning with the day on which notice is given to the driver.
There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.
DECISION OF THE MEETING HELD ON 12 FEBRUARY 2025
COMBINED HACKNEY CARRIAGE & PRIVATE HIRE TAXI DRIVER’S LICENCE
The Sub-Committee has considered very carefully the report of the Licensing Officer and all the evidence presented today. This included the dash-cam footage provided by the police showing the applicant’s driving on 12 October 2023.
It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”), Havant Borough Council Taxi Policy including the guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.
The applicant attended the hearing and with the permission of the Chairman addressed the Sub-Committee. The applicant provided further information regarding the speeding offence from 12 October 2023 that he was convicted for in August 2024 and for which he received a 14-day driving ban and a fine. He also explained his reasons for not notifying the Licensing Officer about his driving ban and fine.
The Sub-Committee considered all the facts and has decided that the applicant license should be suspended for 30 days pursuant to section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 for the reasons below.
Reasons for Decision
The Licensing Officer addressed the Sub-Committee highlighting the reasons for the hearing. The Sub-Committee was referred to the Taxi Policy and guidance around the fit and proper test and the conditions on the applicant’s licence that state:
27. The driver shall notify the Council in writing within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence, including the issue of a police fixed penalty notice. An arrest for any of the offences within this scope will result in a review by the Council as to whether the licence holder continues to be fit and proper to hold a licence.
29. If at any time during the life of the licence the licence holder is the subject of a driving ban imposed by a Court of Law, they shall immediately (i.e., within 24 hours) give notice in writing to the Council and surrender their driver’s badge.
The Sub-Committee heard that the applicant was fined £384 and given a 14-day driving ban on 9 August 2024 following a speeding offence in October 2023 on the M25 in Surrey. The applicant was observed by an unmarked police car to be exceeding the speed limit of 50 mph during adverse weather conditions. The applicant’s speed was recorded, at times, in excess of 80 mph. The applicant was carrying paying passengers during this time.
The applicant apologised to the Sub-Committee for his actions. He admitted that speeding is not justifiable and the decision to speed on that day was his, as he was at risk of losing another fare if he was late. The applicant accepted that there are no good reasons for speeding, and he will not do it again.
A further concern was that the applicant did not notify the licensing department that he has been stopped by the police on 12 October 2023 and, despite numerous emails from the licencing officer seeking an update, did not notify the licensing officer about the conviction on 9 August 2024 or about the 14-day driving ban. The applicant when questioned, admitted that he had attended court on 9 August 2024 when he was convicted and received the driving ban. As such, he accepted not being completely honest with the licensing officer when he implied that he only became aware of the ban on his return to the UK in September 2024 following a period abroad.
The applicant apologised to the Sub-Committee a number of times and gave the reason of believing that the matter was “consumed” (clarified as closed / resolved) for not notifying the licensing officer of the conviction and driving ban. In summary, he suggested that as the ban had taken place whilst he was abroad and not driving he considered the matter dealt with and no further action required.
This is contradictory to the conditions on the applicant’s licence, as quoted above, which require him to notify the licensing authority of relevant matters. It is the applicant’s responsibility to ensure compliance with the conditions of his license at all times.
In addition, the applicant emailed the licensing officer a number of times confirming that as soon as he received anything from the court or police, he would let them know. The Sub-Committee considered this failure to notify as significant due to public safety considerations. Public safety is paramount that was why there are rules, regulations, conditions and policy which must be abided by. The applicant was experienced, having been a taxi driver for a number of years and he should know the rules. It was his responsibility to abide by those rules. It is important that the Licencing authority is aware when a driver had received any motoring convictions, again for public safety reasons.
The applicant was remorseful for his actions. It was clear that the applicant has been of good character and received no other complaints during his time as a licensed driver. The applicant showed the Sub-Committee his Uber account and positive rating. The applicant was extremely concerned about the impact of losing his licence on his family and income.
The Sub-Committee were reminded that the impact on a person’s family of losing or not obtaining a licence is not a relevant consideration and is not part of the fit and proper consideration, as per case law. The Sub-Committee also noted that the only consideration should be one of public safety.
The Sub-Committee considered the options available to it today which included doing nothing, suspension and revocation.
The Sub-Committee considered that whilst a minor motoring conviction for speeding may not be significantly serious, the aggravating factors around the adverse weather conditions made those actions particularly unsafe. In addition, the Sub-Committee were concerned about the applicant’s failure to comply with licence conditions to notify the licensing department of events. To do nothing was not appropriate in the circumstances. The remorse shown by the applicant and his previous good character and record were considered and the Sub-Committee considered that a total revocation would be too harsh.
The Sub-Committee considered suspension of the licence and acknowledged that the aim of suspension was to protect the public and not to punish the driver. Suspension of the licence would be a corrective measure operating as an individual deterrent against future misconduct by the driver. A suspension period between 30 and 60 days was discussed and in view of the nature of the breaches, it was felt that 30 days was appropriate. This will give the applicant further opportunity to ensure he is fully aware of his responsibilities and conditions on his license whilst maintaining public safety. The suspension will come into effect at the end of the period of 21 days beginning with the day on which notice is given to the driver.
There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.
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