Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Hurn, Lisa Allen and Higgins. 

Councillors Fielding and Britcliffe acted as substitute representatives on behalf of Councillors Higgins and Hurn, 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 4^th April 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 4^th April 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 vehicle driver licences.

Recommended                     -   That the Procedures be noted.

The General Licensing Procedure and the Complaints Licensing Procedure to be followed at the meeting in relation to hackney carriage and private hire driver licences were submitted.  A copy of the procedures had been sent to the licensed driver. 

Resolved                               -   That the Procedures be noted.

To advise the Committee of the Licensing Guidelines to be used in relation to determining applications for hackney carriage and private hire vehicle driver licences. 

Recommended                     -   That the Guidelines be noted.

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 the driver.

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 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 items, 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. 

(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 a hackney carriage and private hire joint drivers licence (WH).

Recommended                     -   That Members consider the matters contained within the report and any representations made and determine if and what further action should be taken.

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 (Legal and Democratic Services), submitted a report informing the Committee of relevant issues relating to a licensed private hire driver (WH).  Several issues and complaints had been lodged against the driver and these were set out in the report.  The following documents were appended to the report:-

Warning Letter   -        following a warning issued at a Judicial Committee (Private Hire & Hackney Carriage Licensing) held on 29th March 2016

Written Warning Letter – following a hearing at the Judicial Committee on 27^th February 2017

Appendix 1                 - a report considered in January 2016 in respect of a written warning issued.

Appendix 2 -               - a report considered in December 2016 in respect of a written warning issued. 

In accordance with licensing procedure, the driver (WH) and his representative had been invited to attend the meeting and both were present. 

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 incident set out in the report and the driver’s history of complaints/issues was sought by and provided to the Committee at the meeting.

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 in any way which would bring into doubt his suitability to hold a driver’s licence with the Authority; and

(c)  Determine what action, if any, should be taken against the driver.

Resolved                               -   That as the conduct of the driver (WH) had been inappropriate and not that expected of a licensed hackney carriage and private hire driver.  The Committee, having also taken into consideration the driver’s past history of complaints/issues, considered the driver not to be a fit and proper person to hold a licence and that the joint licence be revoked pursuant to section 61(1)(b) Local Government (Miscellaneous Provisions) Act 1976.  In the interests of public safety the licence would be revoked with immediate effect in accordance with S61 2A of the said Act.