Minutes:
The Director: Economy and Environment submitted a report advising members of an application for a Private Hire Vehicle Drivers Licence to be determined by the sub-committee.
The report contained background information on the process for determining such applications, the information to be taken into account and the circumstances in which the sub-committee could refuse a licence.
The options available to the sub-committee when considering such applications were:
Ø To grant the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
Ø To grant the licence subject to additional conditions or restrictions.
Ø To refuse to grant the licence.
Should the sub-committee refuse the licence or impose additional terms, conditions or restrictions then the applicant may appeal to the Magistrates Court within 21 days from the date on which they were notified of the decision.
Should the Magistrates uphold the decision of the council, the applicant had further recourse to the Crown Court.
The procedure for dealing with such applications at meetings of the sub-committee had previously been circulated to members.
The Licensing Authority presented the reason for the application being referred to the sub-committee for determination.
The applicant attended the hearing with their representative, who both made submissions and responded to questions.
Resolved –That after hearing the representations made by the applicant and their representative, and the Licensing Authority at the hearing on the 16 March 2023, the Licensing (Miscellaneous) Sub-Committee considered both representations as part of their deliberations. Additionally, the sub-committee gave careful consideration to paragraphs 4.10 and 4.20 of the ‘Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades’ produced by the Institute of Licensing.
The sub-committee considered the circumstances and background of the applicants case, in which they gave particular consideration to the accumulation of behaviours and actions. The sub-committee felt that the applicant disregarded the importance of complying with the requirement of a licence and the application process. The sub-committee considered traffic offences very seriously and the safety of the public was important. As part of the application process, the sub-committee felt the applicant failed to demonstrate acceptable behaviours in line with the expectation of a suitable and trustworthy licence holder. Furthermore, the sub- committee were also disappointed that when the applicant was questioned about their behaviour, the applicant showed no remorse or acknowledgement of the impact of their behaviour and the impact it had on others.
The sub-committee were not satisfied that the applicant had demonstrated an understanding of the importance to declare all information on an application. In addition, the applicant provided the sub-committee with no confidence that they had learned from their mistakes and would take necessary measures to ensure that similar offences would not occur in the future. The sub-committee considered the safety of the public to be its paramount consideration and expected a standard of behaviour which provided a positive image of the taxi trade in North Lincolnshire, and expected all licence holders to adhere to the conditions attached to their licence and the Taxi Licence Policy at all times. In this instance, the sub-committee believed the applicant could not meet these requirements.
After careful consideration of all the information presented before the sub-committee, taking into account paragraph 5.14 of the Statutory Taxi and Private Hire Vehicle Standards, they were not satisfied that the applicant was a fit and proper person in accordance with section 51 of the Local Government (Miscellaneous Provisions) Act 1976. Therefore, the sub-committee unanimously agreed to refuse to grant the application for a Private Hire Vehicle Drivers Licence.