Decision details

                    SUSPENSION/REVOCATION OF HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS’ LICENCES

1.   Further to the published agenda it was reported that the Chair had agreed to the deferment of the case relating to Licence Holder 01/2019.

2.   Licence holder 02/2019 attended the meeting and was unaccompanied. The Chair outlined the procedure to be followed and the Licensing Unit Manager presented a report submitted by the Assistant Director (Legal and Democratic Services) which was accepted by the Licence Holder. This set out the reasons for the Licence Holder being before the Panel.

                      The report explained that the Licence Holder’s Private Hire vehicle licence had been suspended from the date that the vehicle had failed its test on the 7 January 2019, until the date it had passed a re-test on 18 January 2019. In the intervening period the Licence Holder had driven the vehicle and admitted that he had worked, thereby using the vehicle for private hire and committing an offence under the Local Government (Miscellaneous Provisions) Act 1976. This was confirmed by records from the Private Hire Operator. The report further stated that during interview the Licence Holder had said he did not realise the vehicle had been suspended as the tester had not removed the plates from the vehicle.

                      Further, the report also highlighted previous complaints regarding the Licence Holder for which he had received written warnings.

                      On being invited by the Panel to explain the circumstances, the Licence Holder stated that he understood the allegations in the report, which had been translated to him by his 13 year old daughter and that he had nothing to add. The Licence Holder admitted in full he was responsible.

                        Delegated decision:

The Panel carefully considered the report and oral representation and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, to suspend Licence Holder 02/2019 for a period of 3 months.  Furthermore during the period of the suspension the Panel required that the Licence Holder complete a communications course (including numeracy), the statutory safeguarding course, and the Council’s Knowledge Test.

     The Panel noted the following;

·         That the actions of the Licence Holder amounted to an offence under the Local Government (Miscellaneous Provisions) Act 1976.

·         That the Licence Holders actions were of a serious nature.

·         That although he believed the offence was the result of a misunderstanding, the Licence Holder fully accepted his responsibility for the offence.

·         That it was unclear if the Licence Holder understood the seriousness of his actions.

·         The Licence Holder struggled to communicate with the Panel as a result of limited English.

The Applicant was informed of his right of appeal to the Magistrates’ Court within 21 days.