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 applicant and two existing drivers who had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the application and referrals as appropriate.

(i)                 F.T. (New Applicant)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance and advised the Sub-Committee that the applicant had previously had his Hackney Carriage and Private Hire Vehicle Driver’s Licence revoked on 30 January 2013 following a serious accusation and associated concerns as to his conduct. F.T. had subsequently applied for a licence and been refused on the 16 March 2015 due to similar concerns.

F.T. was in attendance accompanied by his solicitor and made representations to the Sub-Committee. It was emphasised that while F.T. had been charged with a very serious offence he had not been convicted and no evidence had been offered at court. It was further explained that since the revocation of his licence, the applicant’s personal circumstances had changed in that he had married and was now a father.

The Sub-Committee considered carefully the evidence submitted. While accepting that F.T. had not been convicted- it still considered that the conduct admitted to by F.T. could not be considered acceptable for a licensed driver. It considered that it was likely that F.T. had abused the trust given to him as a licensed driver and used his position to meet vulnerable people.  The Sub-Committee was not satisfied that F.T. would not misuse his position in the future. It therefore concluded that F.T. was not a fit and proper person to hold such a licence.

Resolved:

That the application is respect of F.T. be refused on the grounds that based on his admitted previous conduct F.T. is not a fit and proper person to hold such a licence.

(ii)               J.H.S (New Applicant)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance and advised the Sub-Committee that J.H.S. had declared two historical offences in his application- one of theft or one of a sexual nature. While these offences had occurred in excess of thirty years they were still offences of a nature that the Hackney Carriage and Private Hire treated very seriously.

J.H.S was in attendance and made representations to the Sub-Committee. He expressed remorse for the two offences but emphasised that both were a long ago and his conduct since that date.

The Sub-Committee considered carefully the evidence and concluded that application should be granted given the time elapsed since the offences and their isolated nature when compared with the applicant’s conduct since the offences.

Resolved:

That the application in respect of J.H.S. be granted.

iii) M.S.F (Existing Licence Holder)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance accompanied by Mr Dave Verity, Public Protection Officer, and advised that M.S.F had been referred to the Sub-Committee due to concerns regarding the state of the vehicle that he was driving. The vehicle had been stopped for a random spot check due to concerns as to its roadworthiness and then inspected at the Council’s Vehicle Maintenance Unit where it was found that the vehicle was not in a suitable state mechanically nor safe or comfortable for passengers.

M.S.F. was in attendance- he expressed his remorse for the situation but highlighted that a number of the faults would not have been obvious and that he was one of a number of drivers of the vehicle.

The Sub-Committee expressed concern as to the condition of the vehicle driven by M.S.F and  considered that the faults were so numerous that it should have been obvious to any diligent licensed driver. It therefore concluded that the best way to mark the concerns would be the issuing of a warning letter as to future conduct.

Resolved:

That the referral be dealt by the issuing of a warning letter as to future conduct advising that if the licence holder were brought before the Sub-Committee again in the future, suspension or revocation could result.

iv) AA (Existing Licence Holder)

Mr Ryan Ratcliffe, Licensing Officer, was in attendance accompanied by Mr Dave Verity, Public Protection Officer, and advised that A.A had been referred to the Sub-Committee due to concerns regarding the state of the vehicle that he was driving. The vehicle had been stopped for a random spot check due to concerns as to its roadworthiness and then inspected at the Council’s Vehicle Maintenance Unit where it was found that the vehicle was not in a suitable state mechanically nor safe or comfortable for passengers. Of particular concern on this occasion were the vehicle’s tyres which were below the legal minimum.

A.A was in attendance he expressed his remorse for the situation but highlighted that a number of the faults would not have been obvious and that he was one of a number of drivers of the vehicle. He explained that the tyre wear was exceptional and caused by a fault with the vehicle’s tracking.

The Sub-Committee expressed concern as to the condition of the vehicle driven by A.A and considered that the state of the tyres were such that it should have been obvious to any diligent licensed driver. It therefore concluded that the best way to mark the concerns would be the issuing of a warning letter as to future conduct.

Resolved:

That the referral be dealt by the issuing of a warning letter as to future conduct advising that if the licence holder were brought before the Sub-Committee again in the future, suspension or revocation could result.