Minutes:
The Director: Communities submitted a report advising members of a review of a Hackney Carriage and Private Hire Operators 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, their legal representative, and the Licensing Authority at the hearing on the 21 March 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 were deeply concerned with the number of vehicles held by the licence holder under their proprietor’s licence that, upon inspection by the council’s Licensing Officer’s and Fleet Services Department, were deemed to not be to the standard required under the council’s Hackney Carriage and Private Hire Licensing Policy. In addition, they were also concerned that the licence holder had failed to notify the council’s Licensing Authority of their vehicles being involved in accidents on two occasions, and that the licence holder’s booking records were not compliant with the council’s Hackney Carriage and Private Hire Licensing Policy and mandatory conditions. As a result of the breaches of the Hackney Carriage and Private Hire Licensing Policy and conditions attached to their licence identified during July 2022 and February 2024, the licence holder had been issued with 50 warning points to their licence.
The sub-committee gave particular weight to the fact that the licence holder had put sufficient operational procedures in place to prevent vehicles from failing to meet the standard required under the Hackney Carriage and Private Hire Licensing Policy, which included the drivers undertaking and completing daily vehicle check sheets which were to be handed to the licence holder, all vehicles being serviced every 3 months at a mechanical garage owned by the licence holder, and that a new booking system had been installed and was in operation.
Furthermore, the sub-committee gave great consideration and particular weight to paragraphs 4.46 and 4.49 of the adopted Guidance on determining the suitability of applicants and licensees in the Hackney and Private Hire trade produced by the Institute of Licensing during their deliberations, and paragraph 5.14 of the statutory taxi and private hire vehicle standards. The sub-committee were satisfied that the operational procedures put in place provided confidence that the licence holder would in the future ensure that the conditions of the licence were adhered to, and all vehicles held under their proprietor’s licence would not fall below the standard in the future.
Therefore, the sub-committee agreed to allow the licence holder’s Private Hire Operators Licence to continue, as they considered the licence holder to be a fit and proper person under section 55 of the Local Government (Miscellaneous Provisions) Act 1976. However, the sub-committee agreed to impose additional conditions to the licence holder’s Private Hire Operators Licence:
1. Condition 1 – that the licence holder shall maintain a record of all daily Driver’s Vehicle Safety Check Sheets and all service records produced in relation to the vehicles under their proprietor’s licence; and
2. Condition 2 – the licence holder shall maintain a record of all Mechanical Check Sheets for all vehicles which are checked once a month in accordance with the condition attached to their proprietors’ licence; and
3. Condition 3 – all records obtained in relation to the daily Driver’s Vehicle Safety Check Sheets, Mechanical Check Sheets and service records shall be made available to an authorised officer of the Licensing Authority or Local Authority upon request; and
4. Condition 4 – within 14 days of the date on which this decision is sent to the licence holder, the licence holder must update their booking records to the standard required as set out in the conditions attached to their licence and shall make the records available to an authorised officer of the Licensing Authority or Local Authority for inspection.
The
50 warning points associated with their licence would remain on the
licence holder’s licence until they were due to expire.
In conclusion, the sub-committee issued the licence holder with a
formal warning in respect of their conduct and reminded them that
the standing of a fit and proper person always applied to their
conduct. The sub-committee informed the licence holder that the
safety of the public was their paramount concern when determining
any review, they 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 Hackney
Carriage and Private Hire Licensing Policy at all times.