Agenda item

The Sub-Committee was informed of three existing Hackney Carriage and Private Hire Vehicle drivers and one new Private Hire and Hackney Carriage Driver licence applicant that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the application and referrals as follows:

(i)                 MTK – New Private Hire and Hackney Carriage applicant

Mr Luke Andrews, Licensing Officer, was in attendance and presented the case on behalf of the Authority. 

MTK was in attendance and provided representations to the Sub-Committee.

Mr Andrews described a list of offences from a period of over twenty years, some of which had involved dishonesty and deception.

The driver explained that following a number of personal, family tragedies and a prison sentence he endured after his last offence in 2011, he was determined to change the direction of his life with steady employment prospects.

The Sub-Committee expressed concern at the nature and number of the driver’s previous convictions.  However, members balanced that the convictions were historical and he had not reoffended following a custodial sentence. The driver also demonstrated remorse in relation to the offences.

Resolved:

That the licence be granted.

(ii)               KG – Existing Private Hire Vehicle Driver

Mr Mark Marshall, Licensing/Health and Safety Enforcement Manager, who was in attendance, presented the case on behalf of the Authority. Mr Ian Taylor, Public Protection Officer, was also in attendance to answer specific questions related to the case.

KG was in attendance and provided representations to the Sub-Committee.

Mr Marshall described a situation in which a vehicle driven by KG had been stopped during a routine joint inspection by the local authority and Vehicle and Operator Services Agency (VOSA).  The inspection discovered a number of significant defects that had resulted in a PG9 prohibition notice being issued to remove the vehicle from the road in the interests of public safety.

The driver advised that some of the faults had been intermittent in nature and not obvious upon casual inspection. He added that a health issue had prevented him from inspecting the vehicle more thoroughly around the time the prohibition notice had been issued.

The Sub-Committee considered the driver’s claims about his health around the time of the incident and the intermittent faults. However, members reasoned that the specific defects identified by the inspection were very serious and some would have been obvious to even a casual observer and should have been rectified much sooner. In addition, inconsistencies in the driver’s version of events, combined with a seemingly vague and irregular maintenance regime brought the driver’s conduct further into question.

Resolved:

That the Private Hire Vehicle Driver’s Licence be suspended for a period of 14 days on the grounds that the driver’s conduct had fallen short of expected standards, to allow time for reflection and encourage future compliance.

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 Private Hire Vehicle Driver should receive a severe warning letter, indicating that in the event of further offences suspension or revocation of the licence would be the likely outcome, for allowing a vehicle he had operated to be used in a condition that presented a serious risk to public safety.’

(iii)             SRB – Existing Hackney Carriage Driver

SRB was not in attendance at the meeting. The Head of Licensing Service advised that during a telephone conversation prior to the meeting, the driver had requested the Sub-Committee defer consideration of his case as he stated he had not received advance notification of the Sub-Committee meeting.

After careful consideration, the Sub-Committee agreed that on balance there was a chance that the driver had not received adequate notification of the hearing.

Resolved:

To defer consideration of the case to the next meeting to allow the driver a further opportunity to attend.

(iv)              GJP – Existing Hackney Carriage and Private Hire Vehicle driver

Mr Marshall presented the case on behalf of the Authority.

GJP was in attendance and provided representations to the Sub-Committee.

Mr Marshall, with approval from the Chairman, circulated additional information in the form of two witness statements in relation to two separate incidents where it had been alleged that the driver had caused a collision and fled the scene. In addition to reckless behaviour, the driver had failed to declare a number of motoring offences.

GJP explained that he had been unaware of one of the collisions and whilst he knew about the second collision and accepted culpability, he had not checked the vehicle he collided with for signs of damage before leaving the scene. In relation to the non-declaration of penalty points on his driver’s licence, GJP advised that he had no knowledge of the points until he had been refused vehicle insurance. He added that following the sale of a vehicle, he believed the new owner had failed to inform the Driver and Vehicle Licensing Agency (DVLA) of a change of ownership and accrued penalty points that had been subsequently endorsed on GJP’s licence in error.

The Sub-Committee expressed serious concerns about the conduct of the driver in relation to the two collisions and the fact that he had fled the scene on both occasions.  Furthermore, despite the driver’s attempts to explain the penalty points, he had demonstrated dishonesty by failing to declare those points.

Resolved:

That the Hackney Carriage and Private Hire Vehicle Drivers Licences be revoked on the grounds that the driver was not a fit and proper person to hold such a licence and in the interests of public safety that the revocation be with immediate effect.

Background papers: exempt