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 applications from two existing Horse-Drawn Hackney Carriage drivers that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the referrals as follows:

(i)       MJL  – Existing Horse-Drawn Hackney Carriage Driver

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

The Sub-Committee had agreed to defer the case from the previous meeting to allow MJL to attend and make a representation.

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

The Sub-Committee was reminded of the serious defects to the Horse-Drawn Hackney Carriage that had resulted in an immediate prohibition notice being issued as it had been deemed unfit to be on the road.  Photographs showing the condition of the vehicle were circulated to Members.  The Sub-Committee noted the officer’s report that comments had been made by the driver stating that no action had been taken by the owner following the driver reporting the problems with the Carriage to him.

During consideration of the case, Members again expressed concerns at the serious defects and general state of disrepair of the Carriage that would have been clearly visible to the driver and highlighted the risks to public safety from the defects.  The Sub-Committee noted that MJL had approached the proprietor regarding the Carriage defects but no remedial work had since been carried out. MJL added that shutting the defective door forcefully had become the only temporary solution to the problem.

The Sub-Committee carefully considered all of the evidence and questioned whether the Driver could have done more given that he was aware of the faults with the Carriage for some time. Members also noted that the Driver had a good track record of over 20 years as a Driver.

Resolved: That the Horse-Drawn Hackney Carriage Driver’s Licence be suspended for a period of six weeks on the grounds that he had allowed a Hackney Carriage he had operated to be used in a condition that presented a serious risk to public safety.

NOTE:  MOTION MOVED, SECONDED, VOTED UPON AND LOST

During consideration of the above item, the following motion was moved, seconded, voted upon and lost:

‘That the Horse-Drawn Hackney Carriage Driver should receive a warning letter in relation to his conduct in allowing a Hackney Carriage he had operated to be used in a condition that presented a serious risk to public safety..’

Background papers:  Exempt

(ii)     DP – Existing Horse-Drawn Hackney Carriage Driver

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

DP was in attendance at the meeting and requested the Sub-Committee defer his case as he claimed not to have received advance notification.

After careful consideration, the Sub-Committee agreed that on balance there was a chance that the Driver had not received adequate notification of the hearing.

Resolved:  To defer consideration of the case to its next meeting on 1^st September 2015 to allow the Driver time to seek legal advice.

Background papers:  Exempt