Agenda and minutes

An apology for absence was submitted on behalf of Councillor Terry Hurn.

There were no declarations of interest.

To submit the Minutes of the meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 23^rd July 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 23^rd July 2018 were submitted for approval as 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. 

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.  Copies of the procedures had been sent to the licensed drivers and the complainant. 

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.

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 drivers and 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 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 (MA).

Recommended                     -   That Members consider the matters contained within the report and any representations made and determined 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 Director (Legal and Democratic Services), submitted a report informing the Committee of relevant issues relating to a licensed private hire driver (MA).  A number of  issues and complaints had been lodged against the driver and these were set out in the report.  The following document was appended to the report:-

Appendix 1 – photographic evidence of the driver working without displaying the company door signs.

In accordance with licensing procedure, the driver (MA) and a 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) Determined whether the facts referred to 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, having taken into consideration the driver’s past history of complaints/issues and the fact that the driver (MA) had continuously breached conditions attached to his licence and demonstrated a poor attitude to the licensing regime, the Committee considered the driver not to be a fit and proper person to hold a licence and that the private hire licence be revoked pursuant to Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, subject to the driver’s right of appeal.

(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 driver’s licence (AK)

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 Director (Legal and Democratic Services), submitted a report informing the Committee of relevant issues relating to a licensed hackney carriage and private hire joint driver (AK).  A number of 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:-

Appendix 1 – Statements of PC L Jack and Officer A. Goulden

Appendix 2 – Complaint – 01/05/2015

Appendix 3 – Complaint – 08/07/2015

Appendix 4 – Complaint – 29/06/2018

In accordance with licensing procedure, the driver (AK) and a representative had been invited to attend the meeting.  The driver was in attendance alone.

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) Determined whether the facts referred to 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, having taken into consideration the driver’s past history of complaints/issues, the continuous breach of licensing conditions and the driver’s attitude and behaviour demonstrated throughout the hearing, the Committee considered the driver not to be a fit and proper person to hold a licence and that the private hire licence be revoked pursuant to Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, and the interests of public safety the revocation should have immediate effect pursuant to Section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976.