Agenda item

(This item contains personal information regarding 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 considered referrals for two existing Hackney Carriage Vehicle Licence holders.

(i)                  PE – Existing Licence Holder

Mr Ratcliffe informed the Sub-Committee that at the time of a scheduled pit test by qualified mechanics at the Central Vehicle Maintenance Unit at Layton Depot, the licence holder had presented a vehicle with two tyres that displayed wear below the legal tread limit.

PE was in attendance and suggested that in relation to the maintenance issues with his vehicle, he asserted that it had only been the opinion of the mechanic who had identified the faults. He added that he would like to see more evidence of the issues presented to the Sub-Committee.

The Sub-Committee considered the suggestion by the licence holder and agreed it would be desirable to allow the mechanic who had identified the faults to attend the next meeting to give more detailed evidence on behalf of the Authority.

Resolved: To defer further consideration of the case until 26 March 2019, to allow additional time for the mechanic named in the report to attend or make representations.

(ii)                SDJL - Existing Licence Holder

The Local Authority case concerned the vehicle licence holder who had presented a vehicle for a routine pit inspection not in a state of roadworthiness. According to the report, some of the faults identified with the vehicle should have been obvious during visual inspections of the kind stipulated to be performed weekly on conditions the licence holder already had imposed on the licence. SDJL had been before the Sub-Committee twice before for similar maintenance issues on vehicles operated by him under separate vehicle licences.

The licence holder presented hand written documentation which he claimed evidenced a regular system of maintenance carried out on the vehicle, which given its age, was also subject to the Council’s Exceptional Quality Policy which required such vehicles to be held to an even stricter standard of maintenance. He claimed he had been reliant on both the vehicle driver, DSS and his garage of choice to identify and rectify faults with the vehicle. He added that in his opinion, faults related to the vehicle’s tyres were at least partly attributable to a shortage of tyres over the 2018 festive period.

The Sub-Committee were unconvinced by the licence holder’s explanations and seeming disregard for the standards expected of himself in relation to vehicle maintenance. Members were extremely concerned that none of the hand written notes presented as evidence of maintenance were supported by any official receipts or invoices of any kind. Furthermore, SDJL’s lack of acceptance of his responsibilities as a vehicle licence holder and failure to comply with the conditions already imposed on the licence, led the Sub-Committee towards a stronger course of action to encourage future compliance. The Sub-Committee also expressed concerns with certain aspects of the Exceptional Quality Policy, namely with regard to the clarity of procedures for vehicles that failed pit tests.

Resolved:

1.      To revoke the Hackney Carriage Vehicle Licence with immediate effect on the grounds that SDJL fell short of the standards expected of a vehicle licence holder.

2.      Not to allow the vehicle in the case to be used as a licensed Hackney Carriage or Private Hire vehicle.

3.      To issue a warning letter to the licence holder in relation to his other vehicle licences indicating that he should adhere strictly to the conditions imposed on them with regard to regular and comprehensive vehicle maintenance supported by appropriate documentation or face further action.

4.      That officers be requested to review the Hackney Carriage Exceptional Quality Policy and make any amendments they deem desirable in order to improve clarity by June 2019.

Background papers: exempt