Agenda and minutes
Venue: Scaitcliffe House, Ormerod Street, Accrington
Contact: Susan Gardner Democratic Services (01254) 380184
Apologies for absence, Substitutions, Declarations of Interest and Dispensations
Apologies for absence were submitted on behalf of Councillors Higgins and Hurn. Councillor Parkins acted as substitute representative for Councillor Higgins and Councillor Addison acted as substitute representative for Councillor Hurn.
To submit the Minutes of the meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 5th September 2018 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 5th September 2018 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 General Licensing Procedure and the Complaints Licensing Procedure to be used in relation to hackney carriage and private hire licences.
The General Licensing Procedure to be followed at the meeting in relation to Hackney Carriage/Private Hire Licences was submitted. A copy of the procedure had been sent to the licensed Operator.
Resolved - That the Guidelines be noted.
To advise the Committee of the Licensing Guidelines to be used in relation to the review of existing licensed operators.
The Hyndburn Borough Council Licensing Policy Hackney Carriage and Private Hire 2017 (Guidance on the Relevance of Convictions) was submitted. A copy of the Guidance had been sent to those attending the meeting.
Resolved - That the Guidelines be noted.
Exclusion of the Public
Recommended - That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following items, 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 items.
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 Paragraphs at Schedule 12A of the Act specified at the items.
Consideration of an Existing Private Hire Operators Licence
The report will contain exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 1 – Information relating to any individual
To enable Members to consider what action to take, if any in respect of an Operator’s Licence.
Recommended - That Members consider the matters contained within the report and any representations made and to determine whether there is reasonable cause to suspend or revoke the Operator’s licence.
(Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 1 – Information relating to any individual)
The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services), submitted a report to enable Members to consider what action to take, if any, in respect of an Operator’s licence. A number of issues and complaints had been lodged against the Operator and these were set out in the report. The following documents were appended to the report:-
Appendix 1 – Statements of Complainants July 2018 complaint
Appendix 2 – Booking Records
Appendix 3 – Email to Operator’s Solicitor relating to complaint of Witnesses 1 & 2
Appendix 4 – Further Emails between the Council and the Operator’s Solicitor
Appendix 5 - Report to Committee 2010
Appendix 6 - Email to Operator’s Solicitor 11th July 2018
Appendix 7 - Letter from Operator dated 12th July 2018
Appendix 8 - Letter of complaint from Witness 3
Appendix 9 - Complaint 17th October 2017
Appendix 10 - MOT Failure Certificate 26th January 2018
Appendix 11 - Complaint of Witness 3 (January 31st 2018
Appendix 12 – Complaint of Witness 4 (February 20th 2018)
Appendix 13 - Complaint 22nd February 2018
Appendix 14 - Complaint 9th March 2018
Appendix 15 - Complaint 30th April 2018
Appendix 16 - Email exchange between the Operator and Licensing Officer after incident 30th April 2018
Appendix 17 - Two complaints submitted 21st August 2018
Appendix 18 - Email confirming bookings
Appendix 19 - Complaint and associated emails 10th September 2018
In accordance with the Licensing Procedure, the Operator and representation had been invited to attend the meeting. Representatives of the Operator and their legal representation were present at the meeting.
Attention was drawn to the Hyndburn Borough Council Licensing Policy Hackney Carriage and Private Hire 2017 guidelines on the Relevance of Convictions. Legal advice on the relevance of the incidents set out in the report and the Operator’s history of complaints/issues was sought by and provided to the Committee at the meeting.
The legal representatives of the Operator made further submissions of evidence prior to the meeting (an evidence bundle) and circulated two further pieces of evidence at the meeting, referenced AP7 and AP16, which had been omitted from the evidence bundle.
Council representatives submitted further evidence at the meeting in the form of copies of the Hackney Carriage and Private Hire licensing booklet and a document showing that the Operator had received it.
On completion of all evidence and information being submitted before the Committee the meeting was adjourned.
The meeting reconvened on Thursday 4th October 2018 at 1.30 p.m. The Committee was requested to:
(a) Determine whether the facts referred to in the submitted evidence were substantially true;
(b) Having made a finding of the facts, decide whether those facts revealed if the Operator had acted in any way which would bring into doubt their suitability to hold an Operator’s licence with the ... view the full minutes text for item 150.