Agenda and minutes
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Exclusion of the Public and Press Consideration of reports containing exempt information within the meaning of section 100I and paragraph 1 part 1 Schedule 12A Local Government Act 1972. Minutes: RESOLVED that under section 100I of the Local Government Act 1972 the public be excluded for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 1 and 2 part 1 of Schedule 12A of the Act.
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Determination of a Private Hire/Hackney Carriage Drivers Licence To determine a private hire/hackney carriage drivers licence. Minutes: The Chairman welcomed all present and introduced the panel. The procedure for determining a private hire/hackney carriage licence was read to the driver.
The Committee considered the Enforcement Officer’s report.
The driver had been called before the committee due to historical allegations made by his ex-partner relating to assault by beating. The first allegation related to an incident in November 2016; the second incident allegedly occurred in January 2017. The driver received neither a conviction, nor a caution, in relation to these allegations.
The Enforcement Officer tabled a letter from Suffolk Police. For legal reasons, the letter could not have been provided to anyone but Mr Schiller in advance of the panel hearing.
The Chairman adjourned the meeting at 9.20am to allow those present to read the document.
The meeting was re-adjourned at 9.25am.
The Chairman invited Mr Schiller to question the Enforcement Officer regarding his report.
Mr Schiller asked whether the Enforcement Officer had taken the police investigation at face value, and if he had any contact with the Crown Prosecution Services regarding this case.
The Enforcement Officer said he had taken the investigation at face value, and he had not been in contact with the Crown Prosecution Services.
Mr Schiller asked whether the Enforcement Officer was aware that the driver’s ex-partner had a record of dishonest convictions.
The Enforcement Officer confirmed he was unaware of this.
Mr Schiller asked whether the Enforcement Officer had verified the order of events set out in the police report.
The Enforcement Officer said he had not.
Mr Schiller described his client’s version of events to the panel. He told Members that the historical allegations made by his client’s ex-partner followed his client’s own complaint against the ex-partner to the police. He asked the Enforcement Officer whether he could disprove this version of events.
The Enforcement Officer confirmed that he could not.
The Chairman invited the panel to question the Enforcement Officer regarding the details set out in the report.
Councillor Barker asked the Enforcement Officer to expand on his account of the meeting held on 21 September 2017, when the driver refused to discuss the alleged incident that had occurred in January that year.
Mr Drinkwater, who had attended the meeting and taken notes, gave an account of the conversation that took place between the driver and Enforcement Officer. The driver had said at the meeting that he would not comment on the alleged incident that had occurred in January, as he had voluntarily attended the meeting to discuss an alleged incident which had occurred in November 2016.
The Enforcement Officer said the account was an accurate reflection of the conversation that took place.
The Chairman invited Mr Schiller to address the panel to put forward his client’s case.
Mr Schiller said his client was a fit and proper person and had not breached the terms of his licence. He said his client had been licenced for twelve years and had not incurred any penalty points in that time. He was a ... view the full minutes text for item 75. |