Agenda item

To consider licence holders who have been convicted of offences or who have otherwise given reasons for concern.

(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 licence holders who had been convicted of offences or who had otherwise given reasons for concern.

i.                 B.H.S.

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case and explained that B.H.S was an existing Private Hire Driver who had been licensed since August 2020. A check conducted by the Licensing Service on B.H.S.’ DVLA driving licence on 30 July 2021 had identified they had received six points for the offence of driving a motor vehicle while using a hand-held mobile device in September 2020. Mr Ratcliffe further advised that B.H.S. had failed to notify the Licensing Service of the offence contrary to condition one of their Private Hire Driver’s Licence and therefore recommended that the minimum of a strict warning be issued.

B.H.S apologised to the Sub-Committee and explained that they were not carrying any passengers at the time of the offence but accepted their actions were wrong and acknowledged the danger posed. They considered their driving record to be good overall and assured Members that they would not commit the same offence again.

The Sub-Committee considered the information provided and noted the licence holder’s remorse for the incident. It therefore agreed to issue a severe warning letter that in the event of future issues the licence may be suspended or revoked and reminded B.H.S. of their requirement to notify the Licensing Service of any future offences.

Resolved: That a severe warning letter be issued that in the event of any future misconduct the licence may be suspended or revoked.

NOTE: Councillor Wilshaw, having declared a prejudicial interest, left the meeting and took no part in the discussion or voting on this referral.

ii.                D.P.C.

Mr Ryan Ratcliffe, Licensing Enforcement Officer, advised the Sub-Committee that D.P.C. was an existing Private Hire Driver who in August 2021 had been convicted of possessing an offensive weapon in a public place. A brief description of the circumstances surrounding the incident had been provided by Lancashire Constabulary which explained that D.P.C. had been involved in a confrontation in relation to abuse received by their son. Referring to the Hackney Carriage and Private Hire Convictions Policy Mr Ratcliffe asked the Sub-Committee to consider whether D.P.C. remained a fit and proper person to be a licensed Private Hire driver.

Appearing before the Sub-Committee D.P.C expressed regret for the incident, explaining they had picked up a tool in reaction to their son being spat at by a gang of youths. They assured Members that they had no intention of using it as a weapon and had only picked it up in self-defence.

Members considered the information provided by both parties, noting the remorse of the licence holder and that it appeared to be an isolated incident. The Sub-Committee concluded that D.P.C. remained a fit and proper person to be licensed and therefore agreed to issue a severe warning letter that in the event of future incidents the licence may be suspended or revoked.

Resolved: That a severe warning letter be issued that in the event of any future misconduct D.P.C.’s licence may be suspended or revoked.

iii.              S.T.C.

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case and explained that S.T.C. was an existing Hackney Carriage Driver who had been licensed since December 2019.

On 31 July 2021 S.T.C. had been involved in an altercation with a non-paying customer which resulted in them being charged with a Public Order Offence. The report to the Sub-Committee provided written details of the incident from the licence holder and Lancashire Constabulary who confirmed that it did not result in a formal conviction. Mr Ratcliffe concluded that although the matter was not dealt with by the court, Members should still consider the Hackney Carriage and Private Hire Convictions Policy in deciding whether S.T.C. remained a fit and proper person to be licensed.

S.T.C. appeared before the Sub-Committee accompanied by Ian Hodgin, a Director of Blacktax and read a pre-prepared statement. The circumstances of the incident were explained and they expressed regret for their actions which were considered out of character. Mr Hodgin spoke in support of the licence holder and advised the Sub-Committee he had known S.T.C. for a long time and that they were a valued member of staff.

Members considered the information provided by both parties. They noted the character reference provided by the Director of Blacktax and that the altercation appeared to be an isolated incident which resulted in a low level penalty. The Sub-Committee therefore concluded that S.T.C. remained a fit and proper person to be licensed and agreed to issue a severe warning letter that in the event of future incidents the licence may be suspended or revoked.

Resolved: That a severe warning letter be issued that in the event of any future misconduct S.T.C.’s licence may be suspended or revoked.