A report from the Executive Director (Operations) is attached.
Minutes:
Applicant 17/2020
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the suspension or revocation of a Private Hire Vehicle Driver’s Licence.
Applicant 17/2020 attended the meeting with his wife as a representative.
The Chair made introductions and explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report. The report, which was accepted by the Applicant, explained that the client has been a licensed Private Hire Driver with this Authority continuously since 28th April 2008. His current licence was granted for a period of 12 months on the 22nd May 2020 and will expire on the 21st May 2021.
On three occasions the deputy licensing officer wrote to the client having seen the private hire vehicle failing to correctly display operator signage and a rear mounted private hire vehicle licence plate.
The client and his wife explained that he had received the first two letters but had not received the third letter. This client accepted that the vehicle was without signage for a period of time whilst he was not working due to the pandemic. This client stated that he did not understand that he needed to present the vehicle for inspection and that he has made a mistake in failing to do so.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Licence Holder and his representative and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to suspend the licence with immediate effect for 28 days.
The Panel noted that;
· Vehicle PV 0369 was seen on 3 separate occasions without the correct signage as required by the conditions for private hire vehicle licences
· The client was written to on 3 separate occasions warning him about this and explaining the signage condition in detail
· The letters also required the client to take his vehicle to the Licensing Authority for inspection on 2 occasions. He failed to comply with this on 2 occasions.
· The letters warned that continued breach of the condition could result in the client being taken before the Panel for consideration of suspension or revocation of his private hire vehicle licence.
· The breaches were noted on 3 separate dates namely : 16 June 2020, 2 August 2020 and 17 September 2020. On each occasion the vehicle was being used on public roads.
· The Policy states that a breach of conditions may be referred to the Panel for consideration of final warning, suspension or revocation.
· In addition the client has breached the guidance in the Policy because his behaviour is not influenced by written warnings – he has had 3 within the 12 month period. He has ignored them all.
· It is noted that he was warned in December 2017 for not correctly displaying his private hire badge.
· Therefore there are 4 breaches of conditions by this driver
· The Panel has noted that he has stated that he was not working in the pandemic. He said he had difficulty getting the signage, because of the pandemic. The panel finds this excuse unacceptable. A private hire vehicle must at all times display the signage or hand in the plate. This is in the interests of public safety.
· The Client’s explanation for not having the rear mounted private hire vehicle plate in June 2020 was not a good enough reason for breaching the signage condition.
· The Panel found that the requests in the letters to present the vehicle for inspection were ignored on 2 occasions. It is not accepted that he did not understand the requests. It is his responsibility to ensure that he understands letters from the Licensing authority, and takes whatever steps are necessary to so.
· The Panel has noted that the client says he did not receive the 3rd letter. However, the Panel found on a balance of probabilities that the 3rd letter was in fact received by the client. It was sent in the normal post and there is no reason to believe it was not delivered.
· The Panel must determine whether he is a fit and proper to hold a private hire drivers licence. In making that decision the Panel takes into account all of the above but in addition has regard to public safety which is paramount.
· The Dept for Transport Statutory Standards 2020 includes advice to passengers for staying safe- this includes recognising the difference between a taxi and private hire vehicle and what a private hire vehicle should look like e.g. signage, licence plates. The client’s removal of signage goes against this guidance and puts the public safety at risk.
· The signage is required to enable accurate tracing of the vehicle and driver. Again this is significant for public safety.
· When asked by the Panel if he knew the reason for having signage on the vehicle he stated it was for passenger and driver safety.
· The Panel found that the client was either unwilling or unable to comply with either the conditions of the licence or the requests and warnings of the licensing authority to re affix the signage and attend for inspections.
· Because of this the Panel found that he is not a fit and proper person to hold a private hire drivers licence
· Because public safety is paramount the Panel find that the suspension should take immediate effect in the interests of public safety.