Not much to see here, and maybe just interesting in that it outlines the procedure the council adopts for emergency hearings. No doubt the vast majority of councils have similar procedures.
And, of course, probably not that uncommon an occurence in the big cities etc, but probably a rarer beast in the likes of East Lindsey, hence why it's considered newsworthy.
But this also underlines maybe the unsatisfactory nature of the secret squirrel approach to what are essentially quasi-criminal matters, and how the secrecy impacts on due process and natural justice, blah, blah
Of course, no doubt the licence holders under examination will in all probability be glad to keep their name out of the public domain, but the downside is a lack of transparency and accountability.
Public safety enquiry to be held into East Lindsey taxi driver
https://mylocal.co.uk/lincolnshire/feed/79233
The hearing will be confidential
East Lindsey District Council is to hold an urgent review of an anonymous taxi driver's licence.
The case will be reviewed under its Rapid Response Procedure policy which is designed to deal with serious offences "that may affect public safety", including rape, sexual assault, violent attacks, and serious motoring accidents.
The case is due to appear before the council's General Licensing Committee on Monday.
The report does not reveal the identity of the driver, the nature of the offence committed, or whether any action has been or will be taken against the driver.
The review will be held behind closed doors in an exempt session, a decision made in accordance with the Local Government Act 1972.
The Act allows for certain information to be exempt if it relates to an individual, is likely to reveal the identity of an individual, or pertains to action taken in connection with the prevention, investigation, or prosecution of crime.
In this case, the council has decided that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
The report says: "All details pertaining to a licence review, under the rapid response procedure, will be excluded from the public domain, and the review hearing will be held in confidential session, as the matter may be subject to formal legal procedures at a later stage."
The council has also decided not to release a redacted version of the report, citing the need to protect personal information.
The procedure was adopted to deal with serious issues notified to the council by the police or other relevant enforcement agencies, or where appropriate, from a qualified medical officer.
The Rapid Response Procedure allows for urgent reviews of licences when public safety is at risk. The rules say the committee must be informed of each decision made under the procedure, ensuring transparency and accountability.
Serious issues that may trigger the procedure include:
- Charges/investigations of allegations of rape
Charges/investigations of other sexual related incidents
Charges/investigations of violent attacks
Charges of a driver causing a serious motoring accidents involving loss of life or serious injury
Charges of dangerous driving including driving under the influence of alcohol or drugs
Medical related issues which means the driver cannot meet the DVLA Group 2 vocational licence standard.
The councillors on Monday will be asked to note the report with officers saying it will help "ensure that those drivers are fit and proper persons to do so".
"The prime focus for the Council is to ensure public safety, as well as providing an efficient and effective licensing service," said the report.