Agenda item

(The report will contain exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3  -  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

To advise the Committee of a complaint lodged by a Member of the Public against a licensed private hire vehicle driver (ZI).

Recommended                 (1)   That the Committee determine whether the facts related in the complaint are substantially true;

                                            (2)   That having made a finding of the facts, the Committee decide whether those facts reveal the Driver (ZI) to have acted either unlawfully or in breach of any legislation, regulation or licence condition governing the conduct of licensed private hire vehicle drivers; and,

                                            (3)   That the Committee determine what action, if any, should be taken against the Driver (ZI).

Exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 3  -  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

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 vehicle driver (ZI).  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:-

Appendix 1  -  Copy of a file note, failure to notify the Council of a driving offence.

Appendix 2  -  Warning letter for receiving a caution for common assault and failure

to notify the Council of said offence.

Appendix 3  -  Copy of a file note, failure to display driver badge.

Appendix 4  -  Copy of a written warning, failure to display driver badge.

Appendix 5  -  Copy of a driving licence, showing conviction.

Appendix 6  -  Copy of a file note, failure to notify the Council of a driving offence.

Appendix 7  -  Copy of a file note, failure to notify the Council of a driving offence.

Appendix 8  -  Copy of a file note, verbal warning for manner of driving.

Appendix 9  -  Copy of a driving licence showing conviction.

Appendix 10  -  Copy of a warning letter.

Appendix 11  -  Copy of a Police email.

Appendix 12  -  Copy of a driving licence showing conviction.

Appendix 13  -  Copy of a final warning letter issued to the driver.

Appendix 14  -  Copy of a complaint made against the driver.

The following additional documents were circulated to the Committee at the request of the driver:-

·        Reference letter in support of the driver from the taxi vehicle passenger at the time of the complaint incident.

·        Hand drawn sketch by the driver identifying the traffic flow and vehicle manoeuvres at the time of the complaint incident.

Attention was drawn to Appendix G (Policy on the Relevance of Convictions and Cautions) of the Hyndburn Borough Council Hackney Carriage and Private Hire Licensing Policy 2013-2016.  Legal advice on the relevance of the complaint, driving offences, cautions, a previous complaint and warnings was sought by and provided to the Committee at the meeting. 

In accordance with licensing procedure, the driver (ZI) and his representative had been invited to attend the meeting and in that respect, the driver was in attendance.   The complainant (TD) and her representative had also been invited to the meeting and in that respect, the complainant and her representative were not in attendance.

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                            (1)  That the complaint lodged against the private hire vehicle driver (ZI) be upheld.  The Committee found that on the balance of probabilities the evidence provided found in favour of the complaint;  and,

                                            (2)  That, as the conduct of the driver (ZI) had been inappropriate and not that expected of a licensed private hire vehicle driver, his licence be suspended for a period of seven days pursuant to Section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976 and for the reasons outlined at the meeting and set out in the decision notice.