Agenda item

Report of the Director of Customer and Digital.

The Director of Customer and Digital submitted a report for the General Licensing Sub-Committee to determine whether the applicant was a fit and proper person to hold a Hackney Carriage Driver’s licence and Hackney Carriage Vehicle Licence.

The Licence Holder was present at the Sub-Committee meeting along with his son and legal representative.

The Council’s Enforcement Team Leader for Licensing informed the Sub-Committee that, on 4 December 2018, a member of the public made a complaint against the Licence Holder of an alleged allegation of fly-tipping whilst in a Chorley Licensed Hackney Carriage to Wigan Council. Wigan Council informed Chorley Council of the alleged incident involving the Licence Holder hence why this was investigated by the Enforcement Team Leader. Members noted this alleged incident occurred outside of the borough. 

During February 2019, the Licence Holder attended the Council Offices of his own accord and spoke with officers about this complaint. During this conversation, the Licence Holder repeatedly told officers that he had been given permission by the land owner to tip waste on the land.

On 29 March 2019, officers spoke with the land owner who confirmed that he had not given permission to the Licence Holder to tip waste on that land and that he was aware he would be committing an offence himself if he did so.

An appointment was arranged to interview the Licence Holder under caution at the Council Offices on 8 May 2019. The Licence Holder attended with his legal advisor and daughter. On commencement of the interview, the Licence Holder informed officers that he wished to give no reply to questions and that he wished not to remain in the interview for questioning.

The Council’s Enforcement Team Leader for Licensing informed the Sub-Committee that, on 21 August 2018, the licence holder was issued with a Formal Warning as a result of a separate complaint.

In response to a Member’s question, the Enforcement Team Leader confirmed that the Licence Holder had not been before the General Licensing Sub-Committee for any previous offences.

The Licence Holder’s Legal Representative advised that, with regard to the review of the Hackney Carriage Vehicle Licence, there was no suggestion that the car was unfit for use. He highlighted that a vehicle could be licensed to one individual and driven by another, and to revoke this licence would be unnecessarily punitive.

With regards to the review of the Hackney Carriage Driver’s Licence, the Licence Holder’s Legal Representative pointed out that Wigan Council had not sought to prosecute for this incident and advised that none of the photographs supplied by the complainant showed any waste deposited on land (as it remained inside the car).

With regards to whether the Licence Holder remained a fit and proper person, the Licence Holder’s Legal Representative advised that the incident had no bearing on his standard of driving. The landowner had stated that he had not given permission for the Licence Holder to leave the waste on his land as he not in a position to give permission as it would still be an offence. The Licence Holder’s Legal Representative highlighted that the waste had been ultimately disposed of in a skip, and that Wigan Council had been satisfied with this.

With regards to the interview under caution at the Council Offices on 8 May 2019, the Licence Holder had the right not to be interviewed and that he had exercised that right.

In response to questions, the Licence Holder advised that he was vising the land owner, a family friend, to try and sell some unwanted items. He advised that the land owner’s property was some distance away from the site of the incident (approx. 25-50m) but he was unable to drive closer to the property as it was gated. After searching for but failing to locate the land owner, the Licence Holder returned to his car at which point his nephew had opened the boot in preparation for removing the items (having assumed the Licence Holder had successfully found the land owner). The complainant had then driven up, taken photos, and made allegations that the Licence Holder was fly-tipping.

In response to a question regarding the complainant’s allegations that the Licence Holder was aggressive, the Licence Holder advised that the complainant had been hostile and made accusations of fly-tipping in an argumentative manner. With regards to the complainant’s statement the Licence Holder claimed he had permission to offload the waste, the Licence Holder clarified he had meant he had permission to be on the land, which was private property and not a public road as the complainant believed.

Finally, the Licence Holder confirmed that the waste had been disposed of in a skip on his own land.

In summary, the applicant’s agent queried whether there was sufficient evidence to engage the Sub-Committee’s power of review and reminded Members that this meeting was to determine whether the Licence Holder remained a fit and proper person to hold a Hackney Carriage Driver’s Licence and Hackney Carriage Vehicle Licence.

After careful consideration of the representations, the Licensing Act 2003 Sub-Committee RESOLVED that:

With regards to the Review of the Hackney Carriage Vehicle Licence that no further action needed to be taken.

With regards to the Review of the Hackney Carriage Driver’s Licence, the Licence Holder remains a fit and proper person to hold the licence and that no further action needed to be taken.

The applicant and any person who made relevant representations has the right to appeal to the local Magistrates’ Court within 21 days of receiving this notice.