Agenda and minutes

There were no apologies for absence or declarations of interest or dispensations declared at the meeting.

The Minutes of the last meeting of the Judicial Committee (PH & HC), held on 16^th October 2023, were submitted for approval as a correct record.

Recommended                     -   That the Minutes be received and approved as a correct record.

The Minutes of the last meeting held on the 16^th October 2023 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 to be used in relation to applications for Hackney Carriage & Private Hire vehicle driver licences.

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 driver.

Resolved                               -   That the Procedure be noted.

The Licensing Guidelines to be used at the meeting, are attached.

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 driver.

Resolved                               -   That the Guidance be noted.

Recommended                     -  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.

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.

(The report will contain exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 1 – Information relating to an individual)

The Committee is requested to consider what action to take, if any, in respect of a private hire and hackney carriage joint driver’s licence (MA). 

Recommended          -          That, Members are requested to consider the matters contained within the report and any representations made and determine whether there is a reasonable cause to suspend or revoke the driver’s hackney carriage and private hire joint driver’s licence, whether to issue a warning, or to take no further 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 (MA) had been invited to attend the meeting and was present. 

The Licensing Manager, on behalf of the Executive Director (Legal & Democratic Services), submitted a report inviting the Committee to consider what action to take, if any, in respect of a driver’s private hire and hackney carriage joint driver’s licence.  She provided relevant information relating to why the Committee had been asked to consider what action to take in respect of the driver’s previous history as set out in paragraph 3.0 of the report and referred to recent driving incidents.  The Committee was referred to Council Policy on determining the suitability of those in the hackney carriage and private hire trade and advised that the policy should only be departed from in exceptional circumstances. 

The driver was given the opportunity to provide the Committee with details of the case, as set out in the report.

Members were given the opportunity to ask questions of both the Committee and the driver before being requested to consider the representations made at the meeting and the issues raised in the report.  They were asked to determine whether the driver remained a fit and proper person to hold a private hire and hackney carriage joint driver’s licence.  After retiring to consider its decision, the Committee came to the following decision:

Resolved                               -   That, having considered the issues raised at the meeting, the Committee determined that the standard of the driver was below an acceptable level with a possible immediate threat to other road users and passengers.  In deciding what action to take, the Committee also took into consideration the driver’s honesty and openness with the Licensing Department on this matter.  The Committee suspended the licence under S61 of the Local Government Miscellaneous Provisions) Act 1976  and further under Section 61 Sub Section 2B of the Licensing Act 2003, determined that the driver be suspended with immediate effect, until the completion of a driver awareness training course, approved by the Licensing Department.  The driver was requested to provide the Licensing Department with evidence of completion of the training course before the licence be resumed.