Minutes:
The Director: Communities submitted a report advising members of a review of 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 requests, the information to be taken into account and the circumstances in which the sub-committee could revoke a licence.
The options available to the sub-committee when considering such information were:
Ø To take no action.
Ø To warn the licence holder regarding their future conduct.
Ø To add additional conditions to the licence.
Ø To suspend the licence for a set period of time.
Ø To revoke the licence.
Should the sub-committee revoke the licence or impose additional terms, conditions or restrictions then the licence holder 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 licence holder had further recourse to the Crown Court.
The procedure for dealing with such requests at meetings of the sub-committee had previously been circulated to members.
The Licensing Authority presented the reason for the review being considered by the sub-committee.
The licence holder attended the hearing, accompanied by their legal representative, who made submissions and responded to questions.
Resolved – That after hearing the representations made by the applicant, their representative, and the Licensing Authority at the hearing on the 19 October 2023, the Licensing (Miscellaneous) Sub-Committee agreed to allow the licence holders Hackney Carriage and Private Hire Vehicle Drivers Licence to continue, as they considered the individual to be a fit and proper person under section 51 of the Local Government (Miscellaneous Provisions) Act 1976.
The safety of the public was the Licensing (Miscellaneous) Sub-Committee’s paramount concern when determining any Hackney Carriage or Private Hire Vehicle Drivers Licence application. In particular, the members of the sub-committee would always ensure that drivers of both Hackney Carriage and Private Hire Vehicles maintained their vehicles to the acceptable standard as set out in the councils Taxi Licensing Policy at all times.
The councillors were deeply concerned with the number of vehicles held by Licence Holder under their proprietor’s licence that, upon inspection by the council’s Fleet Services department, were deemed to not be to the standard required under the council’s Taxi Licensing Policy. The inspection, in February 2023 and June 2023 identified several breaches of the council’s Taxi Licensing Policy, resulting in the Licence Holder being issued with 39 warning points to their licence.
In determining the application, the Licensing (Miscellaneous) Sub-Committee considered all the information contained within the agenda bundle.
The councillors also listened carefully to the representation made by the Licensing Authority, the Licence Holder and their Legal Representative at the hearing on the 19 October 2023, including their responses to members questions.
The Sub-Committee gave particular consideration and applied the appropriate weight to paragraph 4.25 and 4.26 of the adopted Guidance on determining the suitability of applicants and licensees in the Hackney Carriage and Private Hire trade produced by the Institute of Licensing. Councillors also had regard to paragraph 5.14 of the statutory taxi and private hire vehicles standard during their deliberations.
The Sub-Committee were satisfied that the Licence Holder could undertake their duties as a Private Hire Vehicle Driver and ensure the safety of passengers. Therefore, the Sub-Committee agreed to allow the Licence Holder’s Private Hire and Hackey Carriage Vehicles Drivers Licences to continue as the councillors considered the licence holder to be a fit and proper person in accordance with section 51 of the Local Government (Miscellaneous Provisions) Act 1976. The 39 warning points associated with the licence would remain on the Licence Holder’s licence until they were due to expire.
However, the Sub-Committee issued a formal warning to the Licence Holder and reminded them that the standing of a fit and proper person applied to their conduct at all times. They should adhere to the conditions attached to their licence by communicating with the Licensing Authority and disclosing all relevant information to them throughout the duration they hold a Private Hire and Hackney Carriage Vehicles Drivers Licence.