Visitors and members of the public who are unfamiliar with the building and procedures are advised that:

(a)      The fire alarm is a continuous loud ringing. In the event that a fire drill is planned during the meeting, the Chair will advise of this.

(b)      Exit routes from the chamber are located on each side of the room, one directly to a fire escape, the other to the stairs opposite the lifts.

(c)      In the event of the alarm sounding, leave the building via the nearest safe exit and gather at the assembly point on the far side of the car park. Do not leave the assembly point or re-enter the building until advised to do so. Do not use the lifts.

(d)      Anyone unable to use the stairs should make themselves known during this agenda item.

The Chair outlined the emergency evacuation procedure.

The Chair opened the meeting and asked those present to introduce themselves.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves, their families or friends.

The Chair will ask Members if they have any disclosable pecuniary interests (DPIs) or disclosable non-pecuniary interests (DNPIs) to declare in respect of items on the agenda. Members with a DPI in an item must leave the room for that item and may not participate in the debate or vote. 

Aside from disclosable interests, where a fair-minded and informed observer would think there was a real possibility that a Member might be biased or predetermined on an item, the Member should declare this and leave the room while that item is considered.

Members who are in any doubt about interests, bias or predetermination should contact the monitoring officer for advice prior to the meeting.

Councillor Carole Jackson Declared a Non-Pecuniary Interest as she knew the representative of the Taxi Driver, but had no financial connections with him so was able to participate in the debate and the decision.

To decide whether to pass the resolution set out below in respect of the following item:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2.

1.  Information relating to any individual.

2.  Information which is likely to reveal the identity of an individual.

Resolved:

That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Schedule 12A of the Act:

1.     Information relating to any individual.

2.     Information which is likely to reveal the identity of an individual.

The Licensing Officer introduced the report which sought to consider whether the Respondent, who had accumulated a total of 20 (twenty) Swale penalty points on their Swale Borough Council (SBC) Dual Hackney Carriage/Private Hire Drivers Licence, was a ‘fit and proper person’ for the purposes of the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 and in particular whether any further enforcement action should be taken in respect of either licence.

The Licensing Officer drew attention to the additional new evidence that had come forward; a letter addressed to the Respondent informing them of the penalty points, the Respondents prepared statement to the Sub-Committee, an email from the Respondents previous operator confirming the bookings the taxi driver had taken on the day of the offence; and a list of speed and times from the vehicle.

The Licensing Officer detailed the incidents at which the Respondent had accumulated 20 SBC penalty points which were:

• 10 points – driving a hackney carriage without a hackney carriage driver’s licence;
• 10 points – traffic offence of driving the wrong way on a one-way street; and
• 10 points – making a false statement or withholding information from Licensing Officers.

The Chair asked the Respondent to present their case, and they were asked questions.

The Respondent’s representative gave a prepared statement on the reasons for the penalty points.

Members of the Sub-Committee adjourned at 2:18 pm to make their decision.

Members of the Sub-Committee, the Lawyer (Contentious) and the Democratic Services Officer returned to the meeting at 3:04 pm and the decision, attached as Appendix I to these minutes, was announced. 

Resolved:

(1)   That the Respondent’s SBC Dual Hackney Carriage/Private Hire Drivers Licence be revoked.

(2)   That the appeal against the penalty points imposed on 22 June 2023 be dismissed.