Agenda item

To consider an applicant who has been convicted of offences or who has otherwise given reasons for concern.

(This item contains personal information regarding applicants 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 the case of CJWS, an existing Horse Drawn Hackney Carriage Driver, who had been convicted of offences or who had otherwise given reasons for concern.

Mr Ryan Ratcliffe, Licensing Enforcement Officer, presented the case and explained that CJWS had appeared before the Sub-Committee on numerous previous occasions, most recently in August 2019 when they had received a six week suspension and were issued with a severe warning letter following a conviction for ABH.

In July 2022 a scheduled DVLA check had revealed that CJWS had been convicted of using a vehicle whilst uninsured, which had not been reported to the Licensing Service as required by condition 1 of the Horse Drawn Hackney Carriage Driver Licence, and they currently had a total of 9 points on their DVLA driving licence. In the same month CJWS had been issued with an enforcement warning letter having been observed using their mobile phone whilst in control of a Horse Drawn Hackney Carriage Vehicle.

Referring to Blackpool Council’s Horse Drawn Hackney Carriage Convictions Policy, Mr Ratcliffe reminded members that a serious view should be taken of convictions of driving without insurance. The failure to disclose that conviction together with the warning received for using a mobile phone whilst their carriage was in motion led Mr Ratcliffe to express concerns that CJWS had demonstrated a continued unwillingness to comply with the conditions of their licence and he therefore recommended the minimum of a two week suspension was imposed.

CJWS attended the meeting accompanied by their legal representative, Mr Alan Cobain, who explained the circumstances of the previous incidents for which CJWS had appeared before the Sub-Committee. Although when considered cumulatively he accepted that they did not paint a positive picture of his client, he explained that there were mitigating circumstances for each incident which, in his opinion, when considered in isolation were minor transgressions.

In relation to the recent conviction of driving without insurance, Mr Cobain informed members that a misinterpretation of the conditions of CJWS’ own motor insurance policy had lead them to believe they would be insured on a third party basis to drive their late father’s vehicle. The Sub-Committee was informed that, having been flagged by the Police, CJWS was dismayed to learn that was not the case but accepted the offence for which they received 6 points on their driving licence. Referring to the enforcement warning letter that had been issued for use of a mobile phone whilst their carriage was in motion, Mr Cobain stated that the phone had been used in loudspeaker mode and was not being held by CJWS while driving and was therefore akin to a phone being used in “hands-free” mode in a motor vehicle.

Mr Cobain concluded that CJWS was a hard-working individual who had expressed remorse for the incidents and requested that the Sub-Committee did not impose a suspension as it would take effect during the busy Illuminations period when CJWS earned the majority of their takings for the year.

The Sub-Committee carefully considered the information provided by both parties. It noted the numerous previous appearances made by CJWS before the Sub-Committee and accepted that a number of the incidents for which they appeared could individually be considered as relatively minor transgressions. Members acknowledged the financial impact of a suspension during the Illuminations period, however were concerned at CJWS’ continued failure to comply with the licence conditions and, having considered the Horse Drawn Hackney Convictions Policy and Driver Licence conditions, agreed on balance that a two week suspension was reasonable.

Resolved:

To suspend CJWS’ Horse Drawn Hackney Carriage Driver Licence for a period of two weeks.