19 Review of Private Hire Operator's Licence
Report of the Director of Customer and Digital.
Additional documents:
Minutes:
The Director of Customer and Digital submitted a report for the General Licensing Sub-Committee to determine whether the licence holder remains fit and proper to hold a Private Hire Operator’s licence.
The three individuals named on the licence, Licence Holder 1, Licence Holder 2, and Licence Holder 3, and their legal representative were present at the Sub-Committee meeting.
Members were informed that a private hire operator’s (PHO) licence has been held in respect of the premises for many years. Records maintained by the Council show a licence held as far back as 2001. This licence has been held by a number of persons during this period.
On 16 July 2014 an application was made by Licence Holder 1 for a PHO licence at the premises. This licence was granted and renewed on 16 July 2015. This licence was subsequently surrendered by Licence Holder 1 on 27 June 2018. A new PHO licence was granted on 27 June 2018 and is jointly held by Licence Holder 1, Licence Holder 2 and Licence Holder 3. It was this current licence which was the subject of the review.
The Council’s Enforcement Team Leader for Licensing informed the Sub-Committee that, on 28 September 2018, a formal warning was given to the licence holders in respect of their failure to produce adequate booking records following a request by an authorised officer.
Members noted that failure to provide records such as this is an offence contrary to S.56 of the Local Government (Miscellaneous Provisions) Act 1976 (LGMPA).
This request was made in relation to a complaint from a member of the public which implicated Licence Holder 1 as the driver. As a result of this and other complaints, Licence Holder 1’s Hackney Carriage and Private Hire Driver licences were revoked with immediate effect on 23 August 2018.
Following another complaint by a member of the public, regarding a journey on 12 October 2018, booking records were again requested from the licence holders. These records were provided on 29 October 2018, after the deadline given in the request. The records failed to provide information as to the vehicle and driver used to fulfil the booking, despite having received a warning for the same issue the month previously.
Members noted that the complainant from the incident in October 2018 provided a registration of a vehicle. This vehicle was licensed in 2015 by Licence Holder 1 but has not been licensed since then.
Members noted that using a vehicle as a Private Hire Vehicle without a licence is an offence contrary to S. 46(1)(a) of the LGMPA.
Members also noted that it is a further offence, contrary to S.46(1)(e)(i) to operate a vehicle as a private hire vehicle without the vehicle having a licence.
A notice was served on Licence Holder 1, as the registered keeper of the vehicle, to provide the name of the driver at the time of the complaint. In his response, Licence Holder 1 declared that he was the driver of the vehicle despite his ... view the full minutes text for item 19