The Director of Neighbourhood and Environmental Services submits a report.
Minutes:
The Director of Neighbourhoods and Environmental Services submitted a report concerning the renewal for a Hackney Carriage and Private Hire Vehicle Driver’s Licence.
The applicant, representative for the applicant, and translator for the applicant were present at the meeting. The Licensing Team Manager presenting the report, and Legal Adviser to the Sub-Committee were also present.
Introductions were made and the procedure for the meeting outlined.
The Licensing Team Manager outlined the details of the application, including the relevant City Council Policy Guidelines and drew Members’ attention to the applicant’s licence history referred to in the report and answered questions from Members.
The applicant provided information about the incident and subsequent complaint outlined in the report and answered questions from Members and the Licensing Officer through the translator. The applicant, at his own request (and having confirmed that his representative was authorised to continue on his behalf at the meeting) then disconnected from the meeting. He was followed by the translator. The representative for the applicant gave information for the applicant and answered questions from Members.
All parties were then given the opportunity to sum up 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.
In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.
The Chair announced that the decision and reasons would be publicly announced and confirmed in writing within five working days. The Chair informed the meeting the Legal Adviser to the Sub-Committee would be called to give advice on the wording of the decision.
The Chair then asked all but the Members of the Sub-Committee and Democratic Support Officer to disconnect from the meeting. The Sub-Committee then deliberated in private to consider their decision.
RESOLVED:
That the application for the renewal of a Hackney Carriage and Private Hire Vehicle Driver’s Licence be REFUSED.
The Sub-Committee had been asked to determine an application for the renewal of the Licence. In reaching their decision, Members had carefully considered the committee report, the presentation by the Licensing Team Manager, all representations submitted by the applicant and his representative and the legal advice given during the hearing and took account of the Regulators’ Code.
REASON FOR THE DECISION
The Sub-Committee stated they had not found the applicant’s explanation of the incident on 3rd January 2020 to be credible.
Members considered the incident must have been upsetting and terrifying for the complainant, her friend and her friend’s mother. Members added the applicant’s behaviour fell well below the standard of behaviour expected and required from a hackney carriage and private hire vehicle driver.
The Sub-Committee Members found the circumstances presented to them in the applicant’s case constituted ‘any other reasonable cause’ under section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 and that it was appropriate to refuse to renew the Hackney Carriage and Private Hire Vehicle Driver’s Licence.
The applicant would be advised of his right to appeal to the Magistrate’s Court within 21 days.
Supporting documents: