Minutes:
The Director: Communities submitted a report advising members of an application for a Hackney Carriage Vehicle 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 considered by the sub-committee.
The applicant attended the hearing, accompanied by their legal representative, who made submissions and responded to questions.
Resolved – That after hearing the submissions made by the applicant’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 applicants Hackney Carriage and Private Hire Vehicle Drivers Licence and the evidence that linked the applicant 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 vehicle of the applicant that was used by an unlicensed driver whilst working at Ashby Cars Ltd. However, they considered the honesty of the applicant 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 that the applicant could undertake their duties as a proprietor of a Hackney Carriage Vehicle. Therefore, the sub-committee agreed to grant the application for a Hackney Carriage Vehicle Licence as the sub-committee considered the applicant 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.