Agenda item

To consider an existing Horse Drawn Hackney Carriage Driver, an existing Private Hire Licence Driver and a new applicant for a Private Hire Drivers Licence, who have been convicted of offences or who have otherwise given reasons for concern.

The Sub-Committee considered cases for a new applicant for a Private Hire Drivers Licence, an existing Private Hire Driver Licence holder and an existing Horse Drawn Hackney Carriage Licence holder.

D.L
Mr Ryan Ratcliffe, Licensing Enforcement Officer presented the case on behalf of the local authority, on the 13 July 2023 The Licensing Authority received an application from D.L who had made an application to become a licensed Private Hire Driver. As part of the application process applicants are required to produce an Enhanced Disclosure and Barring Service (DBS) check which had revealed a Police Caution for a Section 4A, Public Order offence on the 25 June 2023. D.L had failed to disclose any offences when completing their application form. 

Mr Ratcliffe drew the Sub-Committee’s attention to the relevant Hackney Carriage and Private Hire Licensing policy regarding offences, including a caution that were violent in nature which stated “a licence will not be granted until at least 10 years have elapsed since the completion of any sentence imposed.”

D.L was present before the Sub-Committee and advised that they were a landlord and had attempted to carry out work to their property which had been tenanted at the time of the assault. D.L informed the Sub-Committee that they attempted to gain entry to the property but was refused entry by the tenants partner, D.L claimed that as they left they were assaulted but had no memory of the event. D.L had brought a solicitor’s letter for the Sub-Committee, the letter outlined that the Solicitor had applied for an out of court disposal. As well as a solicitor’s letter D.L had brought some photos showing damage to their face as a result of the assault.

The Sub-Committee questioned how D.L had received a Police Caution if they were assaulted, D.L explained that the tenant called the police about the altercation but D.L had feared reprisal if they did not accept the caution.

The Sub-Committee had no further questions and considered the letter, pictures and the explanation offered by D.L and accepted the explanation given with the evidence brought before them, and decided that D.L presented themselves well and demonstrated themselves to be a fit and proper person, the Sub-Committee chose to depart from its policy and grant the Licence.

Resolved:
That the application for a Private Hire Driver’s Licence in relation to D.L be granted

C.P.J.S
Mr Ryan Ratcliffe, Licensing Enforcement Officer presented the case on behalf of the local authority, C.P.J.S, an existing Private Hire Licence holder notified the Licensing Service that on the 12 September 2023, that they had received 6 penalty points and a fine on 2 September 2023 for use of a handheld mobile phone/device while driving a motor vehicle on a road. The Licensing Service conducted a DVLA check on the 16 October 2023, which had confirmed that C.P.J.S had been convicted for a breach of requirements as to control of the vehicle whilst using a mobile phone and received 6 penalty points.

Mr Ratcliffe drew the Sub-Committee’s attention to relevant Hackney Carriage and Private Hire Licensing Policy, which stated the following in relation to using a handheld device while driving “a licence will not be granted until at least five years have elapsed since the conviction or completion of any sentence or driving ban imposed”

Mr Ratcliffe informed the Sub-Committee C.P.J.S did notify the licensing authority in a timely manner and that they had no prior offences on record however C.P.J.S had only held a licence as a Private Hire Driver since August 2023 and is a relatively inexperienced driver having only held a UK driving licence since October 2020.

C.P.J.S had been unable to be present before the Sub-Committee but had submitted a written representation, the Sub-Committee chose to consider the case in C.P.J.S’s absence.

C.P.J.S articulated that they had understood the significance of being a professional Licensed Driver, the written representation went on to express their apology sincere remorse and they would use this as an opportunity to reflect upon.

After consideration the Sub-Committee considered that this event happened as an isolated incident but chose to issue a strict warning letter to C.P.J.S.

Resolved:
That C.P.J.S be issued with a strict warning letter outlining that in the event of future misconduct the licence may be suspended or revoked

Y.S.M.C
Mr Ryan Ratcliffe, Licensing Enforcement Officer presented the case on behalf of the Local Authority, on the 3 October 2023 Y.S.M.C an existing Horse Drawn Hackney Carriage Licence holder notified the Licensing Authority that on the 2 October 2023 Y.S.M.C had been convicted for Breach of requirements as to control of the vehicle whilst using a mobile phone and received 6 penalty points and had their full entitlement to drive removed from their licence. Y.S.M.C had held a Horse Drawn Hackney Carriage Driver’s Licence since July 2022.The Sub-Committee noted that a full DVLA licence is not required to hold such a licence.

Y.S.M.C did notify the Licensing Authority in a timely manner and had no previous traffic or criminal offences.

Y.S.M.C had been present before the Sub-Committee and told the Sub-Committee that they had not been using their phone. Y.S.M.C had attended court but in the absence of any evidence to substantiate their claim were convicted.

The Sub-Committee had asked if Y.S.M.C had ever used their phone whilst operating the Horse Drawn Hackney Carriage to which the stated that they did not, there had been a compartment on the carriage that Y.S.M.C used to store things such as a mobile phone.

The Sub-Committee felt reassured that Y.S.M.C did not use their phone whilst operating the Horse Drawn Hackney Carriage and decided that given the incident had happened in isolation, the Sub-Committee considered the issuing of a warning letter as to further conduct as the correct action. The Sub-Committee agreed that notwithstanding this singular incident Y.S.M.C remained a suitable person to hold such a licence.

 

Resolved:

That Y.S.M.C be issued a warning letter that in the event of future misconduct they will appear before the Sub-Committee again to determine their fitness and propriety.