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 submissions made by the licence holder’s legal representative, and the Licensing Authority at the hearing on the 29 February 2024, the Licensing (Miscellaneous) Sub-Committee carefully considered the information presented, including their responses to questions, and that contained within the agenda bundle as part of their deliberations.
The sub-committee considered the number of warning points awarded to the licence holders Hackney Carriage and Private Hire Vehicle Drivers Licence, and the evidence that linked the licence holder to Ashby Cars Ltd, who had their Private Hire Operators Licence revoked on the 21 December 2023.
The sub-committee were concerned that it was the licence holder’s vehicles that were used by an unlicensed driver whilst working at Ashby Cars Ltd. However, they considered the honesty of the licence holder at the hearing, in particular that they had resigned from being a Director at Ashby Cars Ltd and no longer worked for the company, they demonstrated remorse and accepted responsibility for their previous actions as a Private Hire Operator at Ashby Cars Ltd, and that they fully understood the importance of ensuring the appropriate standard of behaviour required within the taxi trade.
The sub-committee gave great consideration and particular weight to paragraph 5.14 of the statutory taxi and private hire vehicles standards during their deliberations. The sub-committee were satisfied that the licence holder could undertake their duties as a Hackney Carriage and Private Hire Vehicle Driver to ensure the safety of passengers. Therefore, the sub-committee agreed to allow the licence holder’s Hackey Carriage and Private Hire Vehicle Drivers Licence to continue, as the sub-committee 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 25 warning points associated with their licence would remain on the licence holder’s licence until they were due to expire.