Agenda item

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee was informed of an existing Hackney Carriage driver who had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

The Chairman informed Members that he had agreed that the Sub-Committee should consider an existing Hackney Carriage and Private Hire vehicle driver as an additional urgent item as the incident that had given cause for concern had not been known at the time that the Agenda was despatched.

Mr Ratcliffe, Licensing Officer, presented both cases on behalf of the Authority. Mr Marshall, Licensing Health and Safety Enforcement Manager was in attendance during consideration of the case in respect of the urgent item.

MTS was in attendance at the meeting.  Also in attendance was YC, accompanied by Ms Cutler, Manager of Premier Taxis.

During consideration of the case in respect of MTS. the Sub-Committee was informed that the Disclosure and Barring Service (DBS) certificate that was required as part of the licence renewal procedure had not been received by the Licensing Service despite repeated written reminders and several unsuccessful attempts to contact the driver by telephone.  The Sub-Committee noted the driver’s comments regarding his personal circumstances and his reasons for not producing the certificate.  Whilst Members accepted that the driver had paid the appropriate fee to obtain the certificate, they expressed serious concerns that the certificate had not been made available to the Licensing Service.

The Sub-Committee considered the case in respect of YC as an urgent item as the incident that had been a cause for concern had not been known at the time that the agenda had been despatched. 

Members noted that YC had been arrested as a result of an alleged incident and released on Police bail until 15^th April 2015.  It also noted that, following consultation with the Chairman of the Public Protection Sub-Committee his Hackney Carriage and Private Hire vehicle driver’s licence had been suspended by the Head of Licensing Service under delegated powers pending this meeting.  The Sub-Committee considered the representations made by the driver regarding the circumstances surrounding the alleged incident and noted his denial of the offence.  It also noted both the drivers and Ms Cutler’s assurances that CCTV would be installed in his vehicles should the licence be reinstated. However, Members raised significant concerns regarding the serious nature of the allegations made and the fact that YC was currently on bail pending the outcome of Police enquiries.  Members were also mindful of the potential impact on the driver should the suspension of his licence be continued, particularly in the event that the Police investigations were subsequently dropped.

Resolved: 

1.      That in the case of MTS, the Hackney Carriage driver’s licence be suspended until such time as a satisfactory DBS certificate had been received on the grounds that without the certificate the Sub-Committee could not be satisfied that he was a fit and proper person to hold such a licence.

2.      To delegate authority to the Head of Licensing Service to reinstate the Hackney Carriage driver’s licence to MTS upon receipt of a satisfactory DBS certificate.

3.      To note that the Chairman had agreed that the case of YC be considered as an additional urgent item as the incident that had given cause for concern had not been known at the time that the Agenda was despatched.

4.      That in the case of YC, following suspension of his licence by the Head of Licensing Service under delegated powers, the Hackney Carriage and Private Hire vehicle driver’s licence remain suspended pending the outcome of ongoing Police investigations and to delegate authority to the Head of Licensing Service to reinstate the licence should the ongoing Police investigations cease.

5.      That the case in respect of YC be brought back to the Sub-Committee for consideration at its meeting on 5^th May 2015.

Background papers:  Exempt