Agenda and minutes

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

Councillor Sara Britcliffe acted as substitute representative for Councillor Hurn.

Councillor Joyce Plummer declared a personal and prejudicial interest in item 8 – Consideration of an Existing Hackney Carriage and Private Hire Driver’s Licence (SK) due to her involvement in the case.  Councillor Plummer left the room during the hearing and took no part in the discussion or decision. 

To submit the Minutes of the meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 30^th October 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 30^th October 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.

The General Licensing Procedure and the Complaints Licensing Procedure to be followed at the meeting in relation to Hackney carriage and private hire drivers licences were submitted.  Copies of the procedures had been sent to those attending the meeting.

Resolved                               -   That the Procedures be noted.

To advise the Committee on Licensing Guidance to be used for determining the suitability of applicants and licensees in relation to the Hackney and Private Hire trades.

The Institute of Licensing Policy for Hackney Carriage and Private Hire trades was submitted to assist Hyndburn Borough Council when determining the suitability of applicants and licensees in the Hackney Carriage and Private Hire trades.  This replaced the previous convictions policy and was approved by Cabinet on the 10^th October 2018.

A copy of the new Guidance had been sent to those attending the meeting.

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 items.

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

To enable Members to consider whether (AH) is a fit and proper person who should be granted a licence to drive Private Hire vehicles in the Borough of Hyndburn.

Recommended                     -   That Members decide whether they can be satisfied that (AH) is a ‘fit and proper person’ after consideration of past criminal history, information revealed on medical checks,  previous records when licensed by the borough, Guidance on suitability of applicants and having given the applicant opportunity to address the Committee. 

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

The Licensing Manager submitted a report outlining an application for a private hire vehicle driver licence.

Attention was drawn to the policy and guidelines on the relevance of the incidents set out in the report and the applicant’s medical and conviction history was sought by and provided to the Committee at the meeting.

The following documents were appended to the report: a former letter of refusal of Private Hire Driver’s Licence from the Council and a letter of medical reference.

In accordance with licensing procedure, the applicant (AH) and a representative had been invited to attend the meeting and both were in attendance.

The Committee was requested to consider whether the applicant was a fit and proper person to be licensed.

Resolved                               -   That, as the applicant (AH) was not considered to be a ‘fit and proper person’, his application for a Private Hire Vehicle Driver Licence be refused for the reasons outlined at the meeting and set out in the decision notice.

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

To determine an application for the renewal of a private hire and hackney carriage joint driver licence and for members to consider whether the applicant is a fit and proper person who should be granted a licence to drive Private Hire vehicles in the Borough of Hyndburn.

Recommended                     -   That Members decide whether they can be satisfied that (LH) is still a ‘fit and proper person’ after considering matters contained in the report and any representations made. 

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

The Licensing Manager submitted a report requesting Committee to determine the application for the renewal of a private hire and hackney carriage joint driver licence (LH).  Members were asked to determine whether the applicant was still a fit and proper person to renew his licence and this included consideration of the applicant’s previous history of complaints.  The following documents were appended to the report:-

Appendices – A warning letter, documentation and relevant photographs from the Licensing Department to the applicant regarding vehicle road worthiness.

                        Documentation referring to the tracking of a mobile phone.

In accordance with licensing procedure, the driver (LH) and representative had been invited to attend the meeting and in that respect, the driver and representative were in attendance.  The applicant circulated copies of personal references to the Committee.

A complainant and a representative had also been invited to the meeting and were present.  The complainant provided her account of an incident and responded to Members’ questions in respect of further clarification of events.

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 against the driver.

Decision of the Committee:-

Resolved                               -   That the complaint lodged against the applicant (LH) be upheld and, consequently, he was not considered a fit and proper person to hold a private hire and hackney carriage joint driver’s licence and therefore his application to renew his licence be refused.

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

Councillor Plummer, having declared a personal and prejudicial interest, left the room during the determination of the following item and took no part in the discussion or decision.

The Licensing Manager submitted a report informing the Committee of relevant issues relating to a licensed joint vehicle driver (SK).  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:-

Appendices -  Emails from the witness regarding the complaint

A statement of witness circulated after the publication of the report to all parties concerned.

In accordance with licensing procedure, the driver (SK) and representative had been invited to attend the meeting and in that respect, the driver and representative were in attendance. 

Two complainants were submitted with regards to the incident and in that respect, a complainant was present and a statement was provided by the other.  The complainant present gave an account of the incident and responded to Members’ questions in respect of further clarification of events.

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 against the driver.

Decision of the Committee:-

Resolved                               -   That the complaint lodged against the hackney carriage and private hire driver (SK) be upheld.  The Committee accepted the evidence provided by the complainant and witness and found that the behaviour of the driver was inappropriate and that he was not considered to be a fit and proper person to hold a private hire driver’s licence and that his licence should be revoked with immediate effect pursuant to Section 61(2B) of the local Government (Miscellaneous Provisions) Act 1976 (as amended by the Road Safety Act 2006 for the reasons outlined at the meeting and set out in the decision notice.