Agenda item

To receive a verbal update on the use of Delegated Powers by the Trading Standards and Licensing Manager since the last meeting of the Sub-Committee.

(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).

Mr Lee Petrak, Trading Standards and Licensing Manager, updated Members on the use of Delegated Powers to revoke a Private Hire Driver’s licence since the last meeting.

i.                    AF

Mr Petrak reported that the Licensing service had been made aware of a low speed collision involving AF, a taxi driver, by their employer. They had also provided CCTV footage from on board AF’s taxi that showed over an extended period that they had been falling asleep while driving. It was noted that over five-hundred instances had been provided by AF’s employer, including during the collision incident. When questioned by Licensing Officers AF had stated that they had become over tired due to a combination of working long-hours, a lack of breaks, a rib injury which had prevented sleep and the taking of medications to relieve pain from the injury and due to a cold. Mr Petrak also confirmed that neither alcohol or drugs had been identified as a factor in the case. It had therefore been decided to use delegated powers to suspend AF until they could demonstrate that they were medically fit to hold a licence.

Subsequent to their suspension AF had provided a GP’s letter, who had stated that although AF had informed them that they felt they were fit to drive again, they had decided that they could not guarantee that further sleeping incidents would not occur. They had therefore decided to refer AF to a Breathing Specialist for further investigation. Mr Petrak informed the Sub-Committee that following receipt of this information it had been decided that it was insufficient to reassure Officers that the suspension should be lifted. He added that in line with the Licensing services procedure the details of the suspension had been shared with the Police, who could decide to take further action against AF.

The Sub-Committee discussed the case and queried at what point would AF’s suspension could be lifted, if no medical reason for their sleeping incidents could be found and the continued to express a belief that they were suitable to drive. It was recognised that a medical professional would be unlikely to provide a guarantee that AF was fit to drive and therefore they could conceivably be suspended indefinitely. Mrs Sharon Davies, Senior Licensing Solicitor, responded that in the event no medical reason could be found following a further test then it would be reasonable at that stage to lift AF’s suspension if they still believed they were fit to drive. Mr Petrak added that it had been a difficult decision to come to suspend rather than revoke AF’s licence, but that the risk of further incidents had to be balanced against treating AF fairly. He added that AF had the right to appeal the suspension if they so wished, but as of the date of the meeting had not done so.

ii.                   RH

Mr Petrak informed the Sub-Committee that the Licensing Service had been made aware of an incident on 24 October 2021 where a Hackney Carriage driven by RH had hit an 11 year old pedestrian causing them to suffer a broken arm. Following hitting the pedestrian RH had failed to stop and continued to drop off the fare they had been carrying before checking to see what had happened. RH had subsequently reported the incident themselves and expressed remorse for what had occurred. Despite this they were unable to provide a satisfactory explanation for how they had not seen the pedestrian, and had stated that at the time of the incident they had heard the vehicle hit something but was unaware it had been a person. The Licensing Service had therefore decided to exercise delegated powers and revoke RH’s licence.

The Sub-Committee was also informed that the Police had taken the decision to charge RH with Driving without Due Care and Attention in relation to the incident.

Resolved: That the update on the use of Delegated Powers be noted.