Agenda item

The Director of Neighbourhood and Environmental Services submits a report.

The Director of Neighbourhood and Environmental Services submitted a report that required Members to make a determination of continued entitlement to retain a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The Chair led on Introductions and outlined the procedure for the meeting.

The driver was present. The Licensing Team Manager (Enforcement) and Legal Adviser to the Sub-Committee were also present.

The Licensing Team Manager outlined the details of the application, including the relevant City Council Guidelines. The Legal Adviser to the Sub-Committee was also called to give advice on a procedural matter during presentation of the report.

The Licensing Team Manager then showed dash-cam footage of an incident involving the driver and answered questions from Members.

The driver made representations and answered questions from Members and the Legal Adviser to the Sub-Committee.

All parties were given the opportunity to sum up their positions and make any final comments.

The Sub-Committee received legal advice from the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options available to them in making their decision.

The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

In order to reach their decision, the Sub-Committee felt they should deliberate in private on the basis that it was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.

In reaching their decision the Sub-Committee Members had carefully considered the written report and verbal representation by the Licensing Team Manager (Enforcement). The Members had also considered the representations made by the driver, and the legal advice given to them during the meeting. The Sub-Committee Members had taken account of the relevant policy and statutory guidance.

The Chair announced that full reasons for the decision would be confirmed in writing within five working days. The Chair informed the meeting that the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Chair then asked all but Members of the Sub-Committee and Democratic Support Officer to withdraw from the meeting. Members then deliberated in private to consider their decision.

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

That the driver be allowed to RETAIN his Hackney Carriage and Private Hire Vehicle Driver’s Licence subject to the following:

That the circumstances presented in the case, namely the poor standard of driving while undertaking private hire bookings with passengers on 28 May 2022 and 03 June 2022 constituted ‘any other reasonable cause’ under section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 and that:

1.    A warning letter be issued to the driver reminding him that he must comply with the Council’s Driver Code of Conduct at all times and maintain a good standard of driving at all times.

2.    The following conditions be added to the driver’s Hackney Carriage and Private Hire Vehicle Driver’s Licence:

a)    The driver shall only drive a Hackney Carriage or a Private Hire Vehicle which has a working dash-cam system agreed by the Council’s Licensing Team.

b)    The Driver shall keep the recordings from the dash-cam system for a minimum period of 31 days.

c)    The driver shall make the recordings from the dash-cam system available to Officers of Leicester City Council on demand.

The driver would be advised of his right to appeal the decision to the Magistrates’ Court.