Agenda item

Hackney Carriage Driver

Report ENV768 from the Licensing Officer.

Minutes:

Decision:

 

To revoke the Hackney Carriage driver’s licence on the grounds that the applicant is not a fit and proper person to hold such a licence under Section 61 (1) (b) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The applicant was not in attendance.

 

The Licensing Officer presented exempt report ENV768 which concerned a Hackney Carriage driver.  The Licensing Team had received a Common Law Police Disclosure relating to an incident involving the driver on 1 September 2020.  The driver had not contacted the Licensing Team to notify them of the incident. 

 

The driver was contacted by a member of the Licensing Team and he stated that he was due in court on 15 September 2020 and he thought that he would be disqualified from driving.  The Licensing Officer advised the driver that under Section 52 of the Local Government (Miscellaneous Provisions) Act 1976 immediate revocation may need to be arranged.  The driver offered to surrender his badge and this was received by the Licensing Team on 7 September 2020.  As the badge had been surrendered, a Section 52 was not required.

 

A member of the Licensing Team tried to contact the driver on 17 September 2020 to find out the outcome of the court case but did not get a response. The Police were also contacted to gain an update on the case.  An email was received on 22 September 2020 from Lincolnshire Police, which stated that the driver had been disqualified for 25 months.  This was reduced by 25 weeks if a driving course was completed by 22 February 2022.

 

A question was asked in relation to the drink drive limit and it was confirmed that the driver was three times over the legal limit.

 

The Licensing Officer then gave his closing statement.  Members were asked to consider the report and appendices before them and decide whether to;

 

-        Suspend the driver for a defined period of time.

-        Revoke the hackney carriage driver’s licence on the grounds that the applicant was not a fit and proper person to hold such a licence under Section 61 (1) (b) of the Local Government (Miscellaneous Provisions) Act 1976.

-        Issue a warning.

-        Take no action.

 

(11:04am Licensing Officer left the meeting)

 

Members discussed the report before them.  Members were extremely concerned with the excessive reading given. The Legal Advisor confirmed that the driver no longer held a DVLA driving licence and that he had surrendered his hackney carriage badge in September 2020.  If the Committee decided to revoke the driver’s licence as this would go on his record and could be referred to if he submitted a future application to drive a hackney carriage.   It was proposed, seconded and unanimously agreed to revoke the driver’s Hackney Carriage licence.

 

(11:08 the Licensing Officer returned to the meeting)

 

The Legal Advisor read out the Committee’s decision.  The Committee had taken into consideration the report, appendices, all relevant guidance, the Councillor’s Handbook and the Council’s Hackney Carriage and Private Hire Licensing Policy.  As the driver had been banned from driving, the Committee had decided that the applicant was not a fit and proper person to hold a Hackney Carriage driver’s licence under Section 61 (1) (b) of the Local Government (Miscellaneous Provisions) Act 1976 and revoked his licence.

 

 

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