To receive and consider the report of the Director of Planning and Property.
Minutes:
The Sub Committee considered a further application for a review of a Hackney Carriage/Private Hire Driver’s Licence.
The Licence holder was present. Prior to proceedings, the Licence holder advised that he did not intend to continue to hold a Licence and that he wished to surrender his Licence. The Licence holder was advised that he could not surrender the Licence and that the hearing would be required to take place.
The Licensing Enforcement Officer was present at the hearing and presented a report of the Director of Planning and Property advising that grounds for referral to the Committee were that the Licence holder had obtained convictions following the granting of the Licence and had failed to report the convictions to the Council.
The Licensing Officer advised the Sub Committee that the Licence holder had first been granted both a Private Hire and Hackney Carriage Driver Licence by Chorley Council in 2015. Prior to this, the Licence holder had received a fixed penalty notice for exceeding the statutory speed limit on a public road in 2011 and his DVLA licence had been endorsed with 3 penalty points. A copy of the Licence holder’s application was appended to the report at appendix 1.
The Licensing Officer further reported that the Licence holder had failed to notify the Council of the fixed penalty as required by a condition of his licence. The Licence holder had therefore been issued with a Formal Warning. A copy of this correspondence was appended to the report at appendix 2.
In 2021, the Licence holder had notified the Council that he had been required to undertake a speed awareness course. A copy of this correspondence was appended to the report at appendix 3.
In 2022, the Licence holder had notified the Council that he had received a notification of intended prosecution in respect of an offence of exceeding the statutory speed limit on a public road. The Licence holder had been travelling at 37mph where the speed limit was 30mph. The vehicle being driven at the time of the offence, was licenced as a Private Hire Vehicle. The Licence holder’s licence was endorsed with 3 penalty points.
It was reported that following a routine check of the driver’s DVLA licence, two offences of exceeding the statutory speed limit on a public road were detailed in June 2022 and June 2024. 3 penalty points had been imposed for each offence. It was confirmed that, in respect of the offence committed in June 2022, the vehicle was again a licensed vehicle at the time of the offence. In respect of the 2024 offence, it was not considered that this was committed in a licensed vehicle as the licence had expired.
It was reported that the Licence holder had failed to comply with Condition 2 of the Private Hire Driver Licence condition, which was detailed in the report, in respect of both offences detailed at paragraph 16, despite having received a formal warning regarding this in 2018. A printout of the Licence holder’s licence was appended to the report at appendix 4 showing that he currently had 9 penalty points imposed on his licence. A timeline of events was appended to the report at Appendix 5.
The Licensing Officer reported that attempts had been made to speak with the Licence holder regarding the endorsement and his subsequent failure to report them to the Council. The Licence holder had responded to an email to state that he was out of the country. When asked when he might return, to enable arrangements to be made, the Licence holder had failed to respond, despite being warned that a failure to do so would result in his case being referred to the Sub Committee without further notice. Copies of the emails were appended to the report at appendix 6.
The Chair invited the Licence holder to make representations to the Sub-Committee in
regard to his fitness to continue to hold a Hackney Carriage/Private Hire Driver’s Licence.
The Licence holder referred to page 19 of the report at paragraph 2 stating that the email enquired around when he would return to the UK and did not enquire about the offences. The Licence holder explained that he had been out of the UK for the last weeks of August 2024. Referring to the deadline of 3 September to respond to the Licensing Enforcement Officer’s email, the Licence holder claimed that he had attempted to contact the Licensing Enforcement Officer in September via voicemail and email but was unable to provide documentary evidence to support this claim.
The Licence also advised that although he had been in receipt of a written copy of the conditions of the Licence, he had been “out of the trade” for some time, it had “slipped his mind” and apologised for failing to notify the Council of the offences.
The Licence holder 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 has determined that the Licence holder does not meet the requirements of a “fit and proper person” and as such the driver’s Hackney Carriage/Private Hire Driver’s Licence is revoked with immediate effect for the following reasons:
· It was noted that the Licence holder wanted to surrender both of his licences however Members felt this undermined the public protection objectives and therefore a decision was made for the hearing to go ahead.
· The Licence holder has triggered the Council’s Conviction Policy which can be found within the Council’s Hackney Carriage and Private Hire Licensing Policy. The Licence holder currently holds 9 points upon his licence with three separate driving offences, due consideration is to be given to the fact that the last two offences have occurred within the last two years.
· The Licence conditions have been breached several times specifically because the License holder did not notify the Council within the given time parameters, this occurred twice within the last two years despite previously receiving a formal warning in October 2018 which set out the implications should the Licence conditions be breached again.
· Members felt the Licence holder had not learnt from his previous convictions or the
fact that there was a formal warning upon his file and remorse was lacking.
· Members have noted the Licence holders mitigating factors in relation to notifying the Council of his previous convictions and in relation to his speeding offences, however Members felt that the Licence holder did not show or provide any supporting evidence in relation to this i.e. the email which was allegedly sent to the Licensing Enforcement Officer.
· Multiple offences which have occurred over a period of time give greater cause for concern and demonstrate a pattern of inappropriate behaviour.
· Reasonable attempts were made by the Licensing Officer to obtain details relating to the Licence holders travel arrangements and date of the return into the UK.
· The Licence Holder has a right to appeal the decision to the Magistrates Court within 21 days.