Minutes:
The Director: Communities submitted a report advising members of a review of a proprietor of Hackney Carriage and Private Hire Vehicle Licences 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. 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 Vehicles
Check Sheets which were to be handed to the licence holder, and all
vehicles being serviced every 3 months at a mechanical garage owned
by the licence holder.
Furthermore, the sub-committee gave great consideration and
particular weight to paragraph 4.54 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 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 Hackney Carriage and Private Hire Vehicle Licences
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 Hackney Carriage and Private Hire
Vehicle Licences:
1. Condition 1 – that a mechanical check is undertaken on all vehicles once a month and that all Mechanical Check Sheets are maintained, recorded and shall be made available to an authorised officer of the Licensing Authority or Local Authority upon request.
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 a formal warning to the licence holder and reminded them that the standing of a fit and proper person applied to their conduct at all times. The sub-committee informed the licence holder that the safety of the public was their paramount concern when determining any review. In particular, the sub-committee would always ensure that both Hackney Carriage and Private Hire Vehicles were maintained to the acceptable standard in accordance with the councils Hackney Carriage and Private Hire Licensing Policy, and that licence holders should at all times adhere to the conditions attached to their licence, by communicating with the Licensing Authority and disclosing all relevant information to them throughout the duration of their Hackney Carriage and Private Hire Vehicle Licences.