Agenda and draft minutes

There were no apologies submitted.

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 31 July 2019 for approval as a correct record.

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

The Minutes of the last meeting of the Judicial Committee (Private Hire and Hackney Carriage Licensing) held on 31^st July 2019 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 to be followed at the meeting in relation to hackney carriage and private hire drivers’ and operators’ licences was submitted.  A copy had been sent to the licence holder.

Resolved                          -    That the Procedure 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, 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.

Recommended                     -   That, in accordance with Section 100A(4) Local Government Act 1972, the public be excluded from the meeting during the following item, when it was likely, in view of the nature of the proceedings that there would otherwise be disclosure of exempt information within the Paragraph at Schedule 12A of the Act specified at the item.

Resolved                          -    That, in accordance with Section 100A(4) Local Government Act 1972, the public be 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 an individual)

To enable Members to consider what action to take, if any, in respect of an Operator’s licence.

Recommended                     -   That Members consider the matters contained within the report and any representations made and to determine whether there is reasonable cause to suspend or revoke the Operator’s licence or to issue a warning or take no further action.

(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 operator (MMH).  The report included a copy of the operator’s current licence, a witness statement from the Licensing Manager and a copy of an e-mail from the Integrated Transport Manager, Lancashire County Council.

The Licensing Manager outlined the main issues contained within the report.  Attention was drawn to the policy and guidance for hackney carriage and private hire trades and the suitability of applicants and licensees.  The private hire operator (MMH) was present at the meeting and responded to the issues raised in the report.

Members of the Committee asked the private hire operator a number of questions in relation to the evidence provided within the report.

The Licensing Manager summarised the case as presented and the Committee’s responsibilities, as set out in Section 4 of the report.  The private hire operator then summed up.  Certain assertions made by the private hire operator in his summary about his record as a licensed driver and operator were challenged for accuracy by the Licensing Manager.

The Licensing Manager and the private hire operator then left the meeting, while the Committee considered the matter.  Following a discussion both parties were recalled to the meeting to allow a member of the Committee to ask a question on a point of clarification, following which both parties again left the meeting.

The Committee then determined the case in the absence of the two parties and went on to:

(a)       Determine the facts as set out in the report and provided in the oral submissions made by both parties at the hearing;

(b)       Having made a finding of the facts, decide whether no further action was necessary or whether those facts gave reasonable cause for the Committee to consider revoking or suspending MMH’s private hire operator’s licence; and

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

Resolved                          -    After considering all the circumstances the Committee decided that the complaint against the private hire operator MMH be upheld.  On the basis of the findings of fact the Committee determined that the actions of MMH which had led to the 2 convictions under the Local Government (Miscellaneous Provisions) Act 1976 had been inappropriate and that he was not considered to be a ‘safe and suitable person’ to hold a private hire operator's licence.  The Committee determined that his private hire operator's licence be revoked pursuant to Section 62(1) of the Local Government Act 1976 for the reasons outlined at the meeting and set out in the confidential decision notice.