To receive and consider the report of the Director of Planning and Property.
Minutes:
On Wednesday,18 September 2024 at 1pm a General Licensing Sub-Committee was convened to consider an application for a review of a Hackney Carriage/Private Hire Driver’s Licence.
.
The Sub-Committee was comprised of Councillor Matthew Lynch (in the Chair), Councillors Michelle Beach, Alex Hilton, Dedrah Moss and Craige Southern.
The Licence holder was present.
Mr Chaz Malik from the Chorley Taxi Association was also present representing the Licence holder.
The Licensing Officer was present at the hearing and presented a report of the Director of Planning and Property advising that the reason for referral to the Committee was that the Licence holder had obtained a conviction following the grant of a licence. A copy of the Licence holder’s DVLA Licence was appended to the report at appendix 1.
The Licensing Officer advised the Sub Committee that the Licence holder had held a licence for many years with records appearing to go back to 2004 and that records had shown that that hehad received a fix penalty for exceeding speed limit on a motorway in the year 2000. The Licence holder’s licence had been endorsed with 3 penalty points and he had renewed his licence in the usual way since originally granted.
The Licensing Officer further explained that the Licence holder had been convicted of an offence of speeding in 2024 for exceeding the speed limit on a motorway. The Sub Committeewas advised that the offence had occurred in July 2023. The Licence holder’s Licence had been endorsed with 6 points and he had received a fine of £337.
A copy of the memorandum of entry in the register of the Magistrates’ Court was appended to the report at Appendix 2 which showed that the Licence holder was found to be travelling at 77mph where the speed limit was 50mph. The memorandum alsoadvised that the vehiclebeing driven at the time of the offence was licenced as a
Hackney Carriage Vehicle at the time of the offence.
As per condition 2 of the Private Hire Driver Licence, the Licence holder had notified the Council of the conviction via email on 29 July 2024. The Sub Committee accepted a request from the Licence holder to circulate a photographic image ofwhen the offence had occurred.
The Chair invited the Licence holder to make representations to the Sub-Committee as regards to his fitness to continue to hold a Hackney Carriage/Private Hire Driver’s Licence.
Mr Malik, representing the Licence holder advised the Sub Committee that a passenger had not been present in the vehicle at the time of the offence. Mr Malik stated that the Licence holder had acknowledged the offence and referred to the Licence holder holding a licence for over 20 years.
Mr Malik further stated that the Licence holder had received a telephone call from his disabled wife and had failed to see the Boards advising that the speed limit was 50mph and not 70mph. Mr Malik confirmed that the vehicle had been stationery when he had received the call from his wife.
Mr Malik advised the Sub Committee that the Licence holder had been driving for over 20 years, had made a genuine mistake, and had understood the seriousness of the offence. Mr Malik also advised that the Licenceholder was in the process of undertaking further drivertraining following the offence.
The Licence holder and Mr Malik then the left the room whilst the Sub-Committee entered its deliberations in private.
Decision
In reaching its decision the?Sub-Committee?took into account?the following:
?
1.?Both Written and Oral Evidence presented in connection with the hearing
2.?The Local Government (Miscellaneous Provisions) Act
1976/Town Police Clauses Act 1847 (where applicable)
3.?Statement of Policy and Guidelines relating to the relevance of convictions
4.?The Statutory Taxi and?Private?Hire vehicle standards guidance?
5.?The Statutory fit and proper person test.
?
The Sub-Committee?had?determined?that the Licence holder remains a “fit and proper person”?to hold a Hackney Carriage/Private Hire?Driver’s Licence?for the following reason:
?
? The driver?openly declared the conviction?within the given timeframe as per his licensing conditions.
?
The driver be issued with a formal written warning in respect of his future conduct?for this to remain on his file.