Minutes:
The Director: Economy and Environment submitted a report advising members of an application for a Hackney Carriage and 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 renew the licence as applied for with no additional conditions or restrictions other than those normally applied to such licences.
Ø To renew the licence subject to additional conditions or restrictions.
Ø To refuse to renew 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 legal representative, who made submissions and responded to questions.
Resolved –That after hearing the representations made by the applicant’s solicitor, and the Licensing Authority at the hearing on the 16 March 2023, the Licensing (Miscellaneous) Sub-Committee considered the nature of the allegation made against the applicant in April 2022 and considered both representations as part of their deliberations. Additionally, the sub-committee gave careful consideration to paragraphs 4.10, 4.12 and 4.33 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 gave particular weight to the circumstances of the case and the serious nature of the allegation. The sub-committee lacked confidence that the allegation was comprehensively investigated and concluded, which led to many unanswered questions and further doubt on the applicant’s suitability. Furthermore, the sub-committee were concerned that the applicant did not attempt to prove or plead their innocence to the Licensing Authority during the period of investigation.
The sub-committee were deeply concerned regarding the seriousness of the allegation made against the applicant. The sub-committee considered the safety of the public to be their paramount consideration and expected a standard of behaviour which provided a positive image of the taxi trade in North Lincolnshire and would expect all licence holders to adhere to the conditions attached to their licence, the Taxi Licence Policy and the Byelaws at all times. In this instance, the sub-committee believed the applicant could not meet these requirements.
Therefore, 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, on the balance of probability 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 renew the application for a Hackney Carriage and Private Hire Vehicle Drivers Licence.