Agenda item

A report from the Assistant Director (Localities) is attached.

The Deputy Licensing Officer presented a report submitted by the Assistant Director (Localities) on the           proposed suspensions of Private Hire Driver’s Licences.

          The licence holders and their representatives were invited into the meeting room for their hearing and the Chairman outlined the procedure to be followed.  The Deputy Licensing Officer read out the contents of the report which were accepted by the licence holders.                                                       

                   The licence holders and their representatives took the opportunity to address the Panel.

              Delegated decisions:

1. That upon considering the written report, the oral representations made by the licence holder and his representative and taking account of relevant policy and the Council’s Conviction Guidelines, the Panel resolved, on a majority decision,  that licence holder 21/2014 have his Private Hire Driver’s Licence revoked.

                 Pursuant to section 61 of the Local Government (Miscellaneous Provisions) Act 1976, the Panel was satisfied that since the grant of his licence, the licence holder had very recently been convicted of a serious offence of dishonesty namely benefit fraud, which had continued over a 2 year period. The Panel did note the representations made about the circumstances of the offence, the licence holder’s personal circumstances and the apology given by the licence holder, but felt there was insufficient basis upon which to depart from the policy and guidelines and for the reasons stated, decided it was reasonable and proportionate to revoke the licence holder’s licence.

              The licence holder was reminded of their right of appeal to the   Magistrates’ Court within 21 days.

2. That upon considering the written report, the oral representations made by the licence holder and taking into account the relevant policy and the Council’s Conviction Guidelines, the Panel agreed, on a unanimous decision, that licence holder 23/2014 have his Private Hire Driver’s  Licence suspended for a period of 6 months.

                  Pursuant to section 61 of the Local Government (Miscellaneous Provisions) Act 1976, the Panel was satisfied that since the grant of his licence, the licence holder had very recently been cautioned for cultivating cannabis and abstraction of electricity and had been fined by HMRC for an offence of tax avoidance. The Panel did note the representations made about the circumstances of the offences, the licence holder’s personal circumstances and the apology given by the licence holder, together with his admissions regarding smoking cannabis and his assurances he no longer did this. However, the Panel felt there was insufficient basis upon which to depart from the policy and guidelines and for the reasons stated, decided it was reasonable and proportionate to suspend the licence holder’s licence, as the offences he had committed and his admissions regarding smoking cannabis, gave them reasonable cause.

              The licence holder was reminded of their right of appeal to the   Magistrates’ Court within 21 days.

3. That upon considering the written report, the oral representations made by the licence holder and taking account of relevant policy and the Council’s Convictions Guidelines, the Panel resolved, on a majority decision, that licence holder identified as 24/2014 be admonished as to future conduct. 

                  The Panel noted that the licence holder had not challenged the original charge which, due to his failure to provide information as to the driver of his vehicle on the date a speeding offence occurred and his failure to attend the Magistrates Court, had resulted in him being convicted and sentenced in his absence. The Panel further noted the licence holder’s personal circumstances which contributed to him being sentenced in his absence, but also noted the seriousness of failing to provide information and non attendance at Court hearings.

                  However the Panel felt that in view of his personal circumstances and the apparent harshness of the penalty there was sufficient basis upon which to depart from the policy and guidelines and for the reasons stated, decided it was reasonable and proportionate to take no further action against the licence holder.