Agenda item

The Director of Neighbourhood and Environmental Services submits a report.

Introductions were made and the Chair outlined the procedure of the meeting to those present.

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine a driver’s continued entitlement to retain a Hackney Carriage and Private Hire vehicles driver’s licence.

The driver and his legal representative were present. The Licensing Team Manager, Licensing Enforcement Officer and Legal Adviser to the Sub-Committee were present.

The Licensing Team Manager outlined details of the application, including the relevant City Council Policy Guidelines, and answered questions from Members.

Councillor Sangster left the meeting at this point due to technical issues.

The driver and his legal representative were invited to set out the reasons why he ought to be allowed to continue to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and answered questions from Members and the Licensing Team Manager.

Councillor Sangster re-joined the meeting during the driver and his legal representatives’ submission. It was confirmed the legal representative had not deviated from the previously submitted representation in the agenda pack which had been read by Councillor Sangster who could, therefore, continue as a panel Member for the meeting.

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

The Sub-Committee received legal advice form 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 made during private deliberation would be publicly announced in writing within five working days.

The Chair informed the meeting 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 Officers to disconnect from the meeting. The Sub-Committee then deliberated in private to consider their decision.

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

RESOLVED:

That the Hackney Carriage and Private Hire Vehicle Driver’s Licence be REVOKED.

The Sub-Committee Members had been asked to determine whether the driver should be entitled to retain his Hackney Carriage and Private Hire Vehicle Driver’s Licence. Members had considered this in accordance with Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

Members had carefully considered the Committee report placed before them and had also taken account of the oral and written representations.

The Members’ paramount consideration when they considered the matter was the protection and the safety of the public. All other matters including unemployment were secondary to the public safety factor.

Members were informed the driver had held a Hackney Carriage and Private Hire Vehicle Driver’s Licence since 16 February 2010. Members were mindful that the driver had not been convicted of a criminal offence but that they had been provided with information, contained in Section 5 of the report placed before the Committee that called into question the driver’s character and which questioned whether he remained a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The Members took their collective responsibility as Corporate Parents seriously and took a serious view of the driver’s behaviour towards a vulnerable, looked after, young adult which brought into question the driver’s character and integrity. Members were also mindful that the protection of the public was their overriding consideration.

Members found the driver’s behaviour to be highly inappropriate and were satisfied on a balance of probabilities that the driver was no longer a fit and proper person.  They also found that the behaviour constituted ‘any other reasonable cause’ under section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976. 

Members, therefore, found that it was appropriate to revoke the driver’s Hackney Carriage and Private Hire Vehicle Driver’s Licence.

The driver would be informed he had 21 days to appeal the decision to the Magistrate’s Court should he wish to do so.