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, 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 proprietors 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 a complaint had
been received by a member of the public. 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 considered the facts of the complaint made
regarding an incident with a vulnerable wheelchair passenger and
the measures that the licence holder had put in place to prevent
such situation happening again.
The sub-committee also gave great consideration and particular
weight to paragraphs 4.25 and 4.26 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, and paragraph 5.14 of the statutory taxi and private
hire vehicle 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 Hackney 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 50 warning points associated with these licences 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, 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, the Hackney Carriage and Private Hire Licensing
Policy, and the Byelaws at all times.