Agenda item

Local Government (Miscellaneous Provisions) Act 1976 - Town Police Clauses Act 1847 - Review of a Hackney Carriage and Private Hire Vehicle Drivers Licence

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.