Agenda item

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

(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)

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

Members discussed the applications and referrals as follows:

(i)                 HM – Existing Hackney Carriage and Private Hire Vehicle Driver

HM was in attendance and made representations to the Sub-Committee.

The complainant was also in attendance and made representations to the Sub-Committee.

Mr Mark Marshall, Licensing and, Health and Safety Manager, and Mr Ian Taylor, Public Protection Officer, were in attendance and presented the case on behalf of the Authority.

The Sub-Committee was informed of an incident in which the complainant alleged that the driver had demonstrated aggressive and threatening behaviour towards her whilst carrying out his duties as a licensed driver.

The driver and the complainant presented differing accounts of the incident and the Sub-Committee expressed concerns about allegations made by both parties.  In view of the lack of evidence the Members were unable to make a determination on the conduct alleged.  Members also discussed the driver’s admitted conduct in leaving his vehicle and approaching the complainant’s vehicle and whether his behaviour was in keeping with the standards expected of a licensed driver. They determined that it was not, however, the Sub-Committee also considered a lack of evidence in relation to the majority of the incident and the driver’s previously clean track record as a licensed driver.

Resolved:

That the Hackney Carriage and Private Hire Vehicle Driver should receive a severe warning letter for behaving in a manner that caused distress to a member of the public and indicated that in the event of further offences, suspension or revocation of the licence would be the likely outcome.

(ii)               GIJ – Existing Private Hire Vehicle Driver

GIJ was in attendance and made representations to the Sub-Committee.

Mr Marshall, and Mr Shaun Louth, Blackpool Council Vehicle Technician, who was also in attendance, presented the case on behalf of the Authority.

The Sub-Committee noted that the driver had allowed his vehicle to enter a state of disrepair and during the course of a routine inspection, the vehicle was found to have a number of serious defects, several of which were classed as MOT failure faults.

The driver admitted to lapses with the vehicle’s maintenance regime and expressed regret at what had happened. He added that he had since put in place measures designed to ensure that a similar situation would not arise in the future.

Members considered the driver’s experience and previously clean track record. However, the Sub-Committee reasoned that the number and nature of the vehicle faults were of concern especially as some should have been identified even upon casual inspection.

Resolved:

To issue the driver with a warning letter in relation to his conduct indicating that if he was brought before the Sub-Committee again in the future, suspension or revocation of the licence would be the likely outcome.

(iii)             WTM - New Hackney Carriage and Private Hire Vehicle Driver Applicant

WTM was in attendance and made representations to the Sub-Committee.

Mr Ryan Radcliffe, Licensing Officer, who was also in attendance, presented the case on behalf of the Authority.

The Sub-Committee was informed that the applicant had previously been convicted of a drink driving offence.

The applicant explained that in relation to the offence, he had made a poor decision and regretted his actions. He added that a number of years had passed without further incident and he had also attended a relevant awareness course to reduce the terms of his sentence.

The Sub-Committee agreed that the nature of the offence was serious. However, members noted that some four years had elapsed since the offence and the driver appeared to demonstrate genuine remorse.

Resolved:

To grant the Hackney Carriage and Private Hire Vehicle Drivers Licence with the addition of a warning letter in relation to future conduct indicating that if the driver was brought before the Sub-Committee again in the future, suspension or revocation of the licence would be the likely outcome.

Background papers: exempt