Agenda and minutes

An apology for absence was submitted on behalf of Councillor Melissa Fisher.

There were no substitutions, declarations of interest or dispensations declared at the meeting.

The Minutes of the last meetings of the Judicial Committee (Private Hire and Hackney Carriage) held on 12^th July 2022 and 25^th July 2022 are submitted for approval as correct records.

Recommended                     -   That the Minutes of the above meetings be approved as correct records.

The Minutes of the last meetings of the Judicial Committee (Private Hire and Hackney Carriage) held on 12^th July 2022 and 25^th July 2022 were submitted for approval as correct records.

Resolved                                    -    That the minutes of the 12^th July 2022 and 25^th July 2022 be received and approved as correct records.

To advise the Committee of the meeting procedure for Judicial Committees to be used in relation to complaints made in respect of hackney carriage and private hire vehicle drivers.

The Licensing Procedure to be followed at the meeting in relation to Hackney Carriage and private hire driver’s licences was submitted.  A copy had been provided to the licence holder.

Resolved                                    -    That the Procedure be noted.

The Institute of Licensing’s Guidelines for Hackney Carriage and Private Hire Trades was submitted, which was used to assist Hyndburn Borough Council when determining the suitability of applicants and licensees in the Hackney Carriage and Private Hire trades.  A copy of the Guidance had been sent to the licence holder.

Resolved                                    -    That the Guidance be noted.

Resolved                               -   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 were 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 item.

(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 a private hire and hackney carriage joint driver’s licence. 

Recommended                     -   That Members consider the matters contained within the report and any representations made and to determine if there is reasonable cause to take any, and what, action.   

Exempt information under the Local Government Act 1972, Schedule 12, Paragraph 1 – Information relating to any individual)

In accordance with the licensing procedure the driver, (ZH), had been

invited to attend the meeting and was present and accompanied by his representative.  The complainant, an officer of Hyndburn Borough Council, had been invited and was present at the meeting.

The Licensing Manager, on behalf of the Executive Director (Legal and Democratic

Services), submitted a report informing the Committee of relevant information relating to the background of the complaint and other relevant matters.  Members were asked to consider the matters contained in the report and any representations made by the driver and the complainant.  The applicant’s previous history was summarised in paragraph 3.0 of the report.

The driver and their representative replied to the issues that had led to the complaint, which the Committee took into consideration whilst making their decision.  The Committee raised concern that the CCTV monitor at the CVMU depot had not been operating and requested that this was reviewed.

The Committee considered the issues raised in the report and the representations made at the meeting and came to the following decision.

Decision of the Committee:

Resolved             -    That, having taken into account the representations made to the Committee and the driver’s previous history and whilst recognising and commending that the driver had held a clean record since 2016, the Committee considered that the behaviour of the driver had not been consistent with that expected and as set out in the Council’s policy and, therefore, determined that there should be some consequence to the driver.  The driver’s private hire licence was, therefore, suspended for a period of 2 weeks and the driver was warned that any future complaints could result in further sanctions.