Agenda and minutes

Apologies for absence were submitted from Councillors Eamonn Higgins and Joyce Plummer.

Councillors Stephen Button and Clare Cleary attended the meeting as substitute representatives for Councillors Eamonn Higgins and Stephen Button respectively.

There were no declarations of interest or dispensations.

To submit the Minutes of the meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 18^th April 2016 for approval as a correct record.

Recommended                     -   That the Minutes be received and approved as a correct record.

The Minutes of the meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 18^th April 2016 were submitted for approval as a correct record.

Resolved                               -   That the Minutes be received and approved as a  correct record.

To advise the Committee of the outcome of court proceedings relating to appeals to Hyndburn Magistrates Court and Burnley Crown Court by Mr. Aiser Iqbal Fazal following the revocation of his Private Hire Vehicle Driver’s Licence. 

Recommended                     -   That the report be noted.

A report advising the Committee on the outcome of court proceedings relating to appeals to the Magistrates Court and Burnley Crown Court by Mr. Aiser Iqbal Fazal following the revocation of his private hire vehicle driver’s licence was submitted.  Both appeals were dismissed and Mr. Fazal was ordered to pay the Council in respect of its legal costs.

Resolved                               -   That the report be noted.

To advise the Committee of the Complaints Licensing Procedure to be used in relation to Hackney Carriage and Private Hire Driver’s Licences.  A copy of the Procedure has been sent to the driver and the complainant.

Recommended                     -   That the Procedure be noted.

The Licensing Procedure to be followed at the meeting in relation to complaints lodged against licensed Hackney Carriage and Private Hire Drivers was submitted.  A copy of the Procedure had been sent to the driver and the complainant.

Resolved                               -   That the Procedure be noted.

To advise the Committee of the Licensing Guidelines to be used in relation to Hackney Carriage and Private Hire Driver’s Licences. 

Recommended                     -   That the Guidelines be noted.

The Licensing Guidelines (Appendix G of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013  -  2016) were submitted.  A copy of the Guidelines had been sent to the driver and the complainant.

Resolved                               -   That the Guidelines be noted.

Recommended                     -   That, in accordance with Section 100A(4)  Local Government Act 1972, the public be excluded from the meeting during the following item, when it is likely, in view of the nature of the proceedings that there will otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified at the item.

Resolved                               -   That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following item, when it was likely, in view of the nature of the business to be transacted, or the nature of the proceedings, that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified at the item.

(The report will contain exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3  -  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

To advise the Committee of a complaint lodged by a Member of the Public against a licensed private hire vehicle driver (ZI).

Recommended                 (1)   That the Committee determine whether the facts related in the complaint are substantially true;

                                            (2)   That having made a finding of the facts, the Committee decide whether those facts reveal the Driver (ZI) to have acted either unlawfully or in breach of any legislation, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

                                            (3)   That the Committee determine what action, if any, should be taken against the Driver (ZI).

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3  -  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services) submitted a report informing the Committee of relevant issues relating to a licensed private hire vehicle driver (ZI).  A complaint had been lodged by a member of the public against the driver and was set out in the report.  The following documents were appended to the report:-

Appendix 1  -  Copy of a file note, failure to notify the Council of a driving offence.

Appendix 2  -  Warning letter for receiving a caution for common assault and failure

to notify the Council of said offence.

Appendix 3  -  Copy of a file note, failure to display driver badge.

Appendix 4  -  Copy of a written warning, failure to display driver badge.

Appendix 5  -  Copy of a driving licence, showing conviction.

Appendix 6  -  Copy of a file note, failure to notify the Council of a driving offence.

Appendix 7  -  Copy of a file note, failure to notify the Council of a driving offence.

Appendix 8  -  Copy of a file note, verbal warning for manner of driving.

Appendix 9  -  Copy of a driving licence showing conviction.

Appendix 10  -  Copy of a warning letter.

Appendix 11  -  Copy of a Police email.

Appendix 12  -  Copy of a driving licence showing conviction.

Appendix 13  -  Copy of a final warning letter issued to the driver.

Appendix 14  -  Copy of a complaint made against the driver.

The following additional documents were circulated to the Committee at the request of the driver:-

·        Reference letter in support of the driver from the taxi vehicle passenger at the time of the complaint incident.

·        Hand drawn sketch by the driver identifying the traffic flow and vehicle manoeuvres at the time of the complaint incident.

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016.  Legal advice on the relevance of the complaint, driving offences, cautions, a previous complaint and warnings was sought by and provided to the Committee at the meeting. 

In accordance with licensing procedure, the driver (ZI) and his representative had been invited to attend the meeting and in that respect, the driver was in attendance.   The complainant (TD) and her representative had also been invited to the meeting and in that respect, the complainant and her representative were not in attendance.

The Committee was requested to:-

(a)        Determine whether the facts related in the complaint were substantially true;

(b)        Having made a finding of the facts, decide whether those facts revealed if the

            driver had acted either unlawfully or in breach of any legislations, regulation or licence condition governing the conduct of licensed private hire vehicle drivers;  and,

(c)        Determine what action, if any, should be taken  ...  view the full minutes text for item 64.