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 and an existing Hackney Carriage and Private Hire vehicle driver 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)       AJY – Existing Hackney Carriage and Private Hire Driver

AJY was not in attendance at the meeting due to family commitments and had requested a deferral of his case to the next meeting of the Sub-Committee.

Mr Marshall was in attendance during consideration of this case and presented it on behalf of the Authority.  Mr Verity, Public Protection Officer was also in attendance and provided information to the Sub-Committee.

Mr Marshall advised the Sub-Committee of his view that based on the inappropriate nature of the driver’s conduct in relation to the incident, his failure to appear to make representations, the time that had elapsed since the incident and unsatisfactory disciplinary action taken by his employer at the time, there were compelling reasons that the case should be heard in his absence.

During consideration of the case, Members expressed concerns at the conduct and questionable judgement exercised by the Driver that had given rise to a difficult and sensitive situation, one which called into question his fitness to operate effectively as a Hackney Carriage and Private Hire Driver. The Sub-Committee noted the previous good conduct of the driver whilst it considered the action to be taken.

Resolved: 

1.      In view of the seriousness of the incident, that the case be heard in the Drivers absence.

2.      That in respect of the case, no further action be taken save that a serious warning letter be issued to the Hackney Carriage and Private Hire Driver indicating that in the event of a further incident, the licence be revoked or suspended.

3.      Following concerns at the manner in which the Driver was dealt with following the incident, the Sub-Committee instructed the Head of the Licensing Service to write to the company that the Driver worked for and insist that if any similar incidents occurred in the future, that they be brought before the Sub-Committee.

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 Hackney Carriage and Private Hire Driver’s Licence be revoked.’

Background papers:  Exempt

(ii)     JL – Existing Hackney Carriage Driver

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

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

The Sub-Committee noted that the driver had previously had his Hackney Carriage driver’s licence revoked.

Upon having his Driver’s Licence reinstated on 16^th March 2012 and after previously appearing before the Sub-Committee on 5^th April 2012 and being granted a new Hackney Carriage Driver’s Licence with a warning letter in relation to future conduct, The Members noted that JL had accrued nine further penalty points for traffic offences. 

In response to questions about the frequency and nature of the traffic offences, the driver demonstrated remorse and advised that the offences had occurred whilst driving late at night and not whilst on duty or carrying passengers.

The Sub-Committee considered the history of driving related offences, the relatively high number and short duration between offences and the driver’s previous revocation. The Panel balanced the evidence with the fact that the driver had shown remorse in relation to the offences.

Resolved:  That a severe warning letter be issued regarding future conduct and that the driver exercise extreme caution when driving to avoid a driving ban or additional penalty points.

Background papers:  Exempt