Agenda item

Report CSL022 by the Service Manager Community Safety and Licensing.

(Attached)

Decision:

To suspend the Hackney Carriage Driver’s Licence for a period of three months.

The Solicitor to the Committee introduced those present and clarified the applicant’s name and that he was happy for the person who had come with him to remain in the meeting whilst the review was discussed, to which he replied that he was.

The Licensing Officer introduced exempt report CSL022 which concerned a review of a Hackney Carriage Driver’s Licence. The Licensing Officer gave details surrounding the review and information that had been received from Peterborough City Council concerning the driver and his failure to comply with their licensing conditions. He referred Members to the appendices to the report which informed them as to why the driver was before them today.

The applicant then presented his case and gave details of the incidents and answered Members’ questions.

The Licensing Officer then gave his closing statement reminding Members to consider the report and appendices before them and the information supplied at the meeting. Members’ options were to either:

-       Revoke the Hackney Carriage Driver’s Licence on the grounds that the driver was not a fit and proper person to hold such a licence under section 61(1)(a)(b) of the Local Government (Miscellaneous Provisions)  Act 1976

-       Suspend the Hackney Carriage Driver’s Licence; or

-       Take no action

The driver then gave a short closing statement.

(10.35am Licensing Officer, applicant and interested party left the meeting)

Members discussed the information they had before them and the details that they had received from the driver during the meeting. The Committee was concerned that the driver had  previously been reprimanded for transporting school children without authority, he had been caught smoking in his vehicle on more than one occasion and had consequently been suspended by a different licensing authority. He had also been caught throwing litter and had failed to notify the district Council of the suspension of his private hire licence or a fixed penalty notice which had appeared on his driver’s licence. The Committee acknowledged the driver’s response that he had been smoking an electric cigarette at the time that he had been seen but that he could not afford to contest the allegations and that he had driven to the job involving school children as an honest mistake. The Committee weighed the evidence in the balance and was satisfied that the there was evidence against the driver which overwhelmingly undermined his ability to ensure the safety of the public and consequently it was proposed, seconded and unanimously agreed to suspend the Hackney Carriage Driver’s licence for a period of three months.

(11.00am Licensing Officer, applicant and interested party returned to the meeting)

The Solicitor to the Committee then read out the decision. The Committee had considered all the representations from all the parties. The evidence illustrated repeated behaviour from the driver which affected his ability to promote public safety for the reasons outlined above and therefore, the Committee’s decision was to suspend the hackney carriage licence for three months. The decision was appealable to the Magistrates Court within 21 days of the written notification of the decision.