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 a new application for a Hackney Carriage driver’s licence, a new application for a Private Hire vehicle driver’s licence and two new applications for a Hackney Carriage and Private Hire vehicle driver’s licence that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.  The Sub-Committee was also informed of an existing Hackney Carriage driver and two existing Hackney Carriage and Private Hire vehicle drivers that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the applications and referrals as follows:

(i)       SB – New application for a Hackney Carriage driver’s licence

Mr Ratcliffe, Licensing Officer presented the case on behalf of the Authority.

SB was in attendance at the meeting and made representations to the Sub-Committee.

The Sub-Committee noted that the driver had previously held a licence but that this had been revoked the previous year due to a number of driving offences that had resulted in a disqualification from driving.  Members considered the driver’s representations relating to the impact that his inability to work had had on him and his family and his personal circumstances at the time of the incident. 

The Sub-Committee expressed serious concerns at the nature of the offences and the relatively short time that had elapsed since the Driver and Vehicle Licensing Agency (DVLA) had reinstated his driving licence.

Resolved:  That the application for a Hackney Carriage driver’s licence be refused on the grounds that he was not a fit and proper person due to the number and nature of his previous driving offences.

(ii)     ASW – Existing Hackney Carriage driver

Mr Ratcliffe, Licensing Officer, presented the case on behalf of the Authority.

ASW was in attendance at the meeting and made representations to the Sub-Committee.

The Sub-Committee noted that the driver had declared two convictions on his recent application for renewal of his Hackney Carriage driver’s licence, one of which related to a driving offence.  Members were also informed of a further declaration on the application form relating to a pending traffic offence for which the outcome was unknown at the time of writing the report.  In response to questions, the applicant confirmed that this offence had recently been determined and had resulted in further points being added to his driving licence.

The Sub-Committee considered the representations made by the driver relating to the circumstances surrounding the convictions. 

The Sub-Committee carefully considered the representations made by both parties and expressed serious concerns regarding the applicant’s previous driving record and the number and nature of his previous convictions.

Resolved:  That the application for renewal of a Hackney Carriage driver’s licence be refused on the grounds that he was not a fit and proper person due to the number and nature of his previous convictions.

(iii)   JLH – New application for a Private Hire vehicle driver’s licence

Mr Ratcliffe, Licensing Officer, presented the case on behalf of the Authority.

JLH was in attendance at the meeting, accompanied by his father, and made representations to the Sub-Committee.

The Sub-Committee noted that the applicant had received a large number of criminal convictions in a relatively short space of time, some of which were violence related offences.  The Sub-Committee considered the representations made by the applicant regarding the circumstances surrounding the incidents and the change in his personal circumstances. 

The Sub-Committee expressed concern at the number and seriousness of the offences committed.

Resolved:  That the application for a Private Hire vehicle driver’s licence be refused on the grounds that he was not a fit and proper person due to his previous convictions.

(iv)    MAP - New application for a Hackney Carriage and Private Hire vehicle driver’s licence

Mr Ratcliffe presented the case on behalf of the Authority.

MAP was in attendance at the meeting and made representations to the Sub-Committee.

An amended copy of the applicant’s statement was circulated to the Sub-Committee as the original statement that had been attached to the agenda was incomplete.  The Sub-Committee noted that it had previously revoked the applicant’s licences  due to the applicant’s arrest following an allegation of a serious incident.  It also noted that subsequently the police had agreed to take no further action in relation to the incident.  The Sub-Committee also agreed to consider additional information in the form of a police report on the alleged incident.  

The Sub-Committee considered the representations made by the applicant in relation to the circumstances surrounding the alleged incident and his responses to the information in the witness statement that had been included within the papers. 

The Sub-Committee also noted that the applicant had failed to declare a previous conviction on his application form.

The Sub-Committee, after considering all the evidence available to it, expressed serious concerns regarding the previous conduct of the applicant. 

Resolved:

1.      To not prosecute for failure to declare a previous police caution.

2.      That the application for a Hackney Carriage and Private Hire vehicle driver’s licence be refused on the grounds that he was not a fit and proper person due to his previous conduct being significantly below the standards expected of a licensed driver.

(v)      FT – New application for a Hackney Carriage and Private Hire vehicle driver’s licence

Mr Ratcliffe presented the case on behalf of the Authority.

FT was in attendance and made representations to the Sub-Committee.   

The Sub-Committee noted that the applicant had previously had his Hackney Carriage and Private Hire vehicle driver’s licence revoked following an arrest for an alleged serious assault.  The Sub-Committee also noted that a recent Disclosure and Barring Service check that had been received by the Licensing Service in relation to the applicant showed no recorded convictions, cautions, warnings or reprimands.

The Sub-Committee considered the representations made by the applicant relating to the incident that had led to the arrest.

Nothwithstanding the applicant’s lack of a criminal record, the Sub-Committee, after considering all the information before it, expressed serious concerns regarding his previous conduct. 

Resolved:  That the application for a Hackney Carriage and Private Hire vehicle driver’s licence be refused on the grounds that he was not a fit and proper person due to his previous conduct being significantly below the standards expected of a licensed driver.

(vi)         LPB – existing Hackney Carriage and Private Hire driver

Mr Marshall, Licensing Health and Safety Enforcement Manager was in attendance during consideration of this case and presented it on behalf of the Authority.  Mr Marsden, Public Protection Officer, was also in attendance during consideration of this case.

LPB was in attendance and made representations to the Sub-Committee.

The Sub-Committee was presented with CCTV footage of three incidents involving the driver that had recently occurred.  Members also considered the representations made by the driver regarding the circumstances surrounding the incidents and the driver’s personal situation at the time that the incidents had occurred.

The Sub-Committee carefully considered all the evidence before it and expressed concerns at the behaviour of the driver during the incidents whilst at the same time noting the representations made regarding his personal situation at the time.  Members also noted that there had been no complaints regarding his ability to be a licensed driver.

Resolved:  That a severe warning letter be issued regarding future conduct.

NOTE:  Councillor Singleton requested that her vote against the motion to issue a severe warning letter be recorded.

(vii)       WB – Existing Hackney Carriage and Private Hire driver

Mr Ratcliffe presented the case on behalf of the Authority.

WB was in attendance at the meeting and made representations to the Sub-Committee.

The Sub-Committee noted that the driver had previously been issued with a warning letter by this Sub-Committee in relation to future conduct.  The Sub-Committee also noted a recent police caution that had been received by the driver. 

The Sub-Committee considered the representations made by the driver and the information provided by the driver’s solicitor in relation to the incident that had led to the police caution.  Members also noted that the driver had brought the matter of the police caution to the attention of the Licensing Service.

Resolved:  That, in view of the previous police cautions, a severe warning letter be issued regarding future conduct.

Background papers:  Exempt