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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED that in accordance with Section 100(a)(4) of the Local Government Act 1972 the public and press were excluded from the meeting on the grounds that there would be disclosure to them of exempt information under Paragraphs 12 and 18 of Schedule 12a Part 7 of the above Act in respect of the following item[s].
RESOLVED Reason for decision That JD/07/23 retains his licence and that he advises the Licensing Authority when he has completed the driver training session in January 2024 and the outcome of this and that the Licensing Authority monitor the driver for 12 months. That the licence holder is a fit and proper person to hold a licence, in line with the Council’s adopted suitability criteria. The Clerk to the Sub-Committee advised that she would confirm the decision in writing. The Chair thanked all for attending.
Decision as recorded
RESOLVED that in accordance with Section 100(a)(4) of the Local Government Act 1972 the public and press were excluded from the meeting on the grounds that there would be disclosure to them of exempt information under Paragraphs 12 and 18 of Schedule 12a Part 7 of the above Act in respect of the following item[s].
RESOLVED that in accordance with Section 100(a)(4) of the Local Government Act 1972 the public and press were excluded from the meeting on the grounds that there would be disclosure to them of exempt information under Paragraphs 12 and 18 of Schedule 12a Part 7 of the above Act in respect of the following item[s].
The Chair introduced the Sub-Committee and its Clerk.
Decision as recorded
RESOLVED Reason for decision That JD/07/23 retains his licence and that he advises the Licensing Authority when he has completed the driver training session in January 2024 and the outcome of this and that the Licensing Authority monitor the driver for 12 months. That the licence holder is a fit and proper person to hold a licence, in line with the Council’s adopted suitability criteria. The Clerk to the Sub-Committee advised that she would confirm the decision in writing. The Chair thanked all for attending.
Licence holder – JD/07/23 Mr F Lewendon, Counsel representing JD/07/23 Mr R Bowen, Licensing Officer Dyfed Powys Police The Licensing Officer presented the licensing authority’s position as outlined in the report [copy filed with the signed minutes]. There were no questions to the officer. Mr Lewendon on behalf of JD/07/23 referred the Sub-Committee to his client’s statement circulated the previous day. He provided as background, information relating to his client and his taxi business. He advised that his client had immediately contacted the Licensing Authority regarding the speeding offence which occurred in November 2021 and Mr Lewendon suggested that this showed that JD/07/23 had taken responsibility for his actions. He noted that the Licensing Authority took no action and so suggested that his client continued to be a “fit and proper person” to hold a taxi licence. In respect of the incident in March 2023, Mr Lewendon explained to the Sub-Committee what had happened and how his client had felt. Again the latter had immediately informed the Licensing Authority of the incident and reported this to the police. Mr Lewendon asked the Sub-Committee to consider what had changed since March 2023 to today. He suggested the review had only been triggered by his client now having more points on his driving licence and that no action had been taken by the Licensing Authority in March 2023 and therefore it seems his client had been considered to be a “fit and proper person” to hold a taxi licence for the last nine months. In response to a question the Licensing Officer advised that the Licensing Authority had considered the incident in March 2023 but did not consider that this was of a serious nature and that JD/07/23 was not a danger to the travelling public. If an incident is considered as serious, a licence can be suspended, pending a sub-committee hearing. Mr Bowen, Licensing Officer, Dyfed Powys Police presented the police case and referred to his report. The Sub-Committee viewed the CCTV submitted by the Police. In response to a question from the Sub-Committee, Mr Bowen advised that the exact speed, at the time of the incident, was not recorded but he suggested this was low. He also advised that the individual involved in the incident had suffered minor injuries. In response to a question from Mr Lewendon, Mr Bowen advised that it was an error on his part for stating in his statement that the individual had suffered serious injury when this was minor. He apologised for the error. The Sub-Committee withdrew to consider, in private, the application and the evidence they had heard, with the support of the Clerk. On their return the Chair announced their decision. In reaching the decision members took into account the relevant written and verbal representations. RESOLVED Reason for decision That JD/07/23 retains his licence and that he advises the Licensing Authority when he has completed the driver training session in January 2024 and the outcome of this and that the Licensing Authority monitor the driver for 12 months. That the licence holder is a fit and proper person to hold a licence, in line with the Council’s adopted suitability criteria. The Clerk to the Sub-Committee advised that she would confirm the decision in writing. The Chair thanked all for attending.
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