Agenda item

The Licensing Manager, on behalf of the Executive Director (Legal and Democratic Services), submitted a report to enable members to consider whether to grant a renewal of driver (MUH) private hire and hackney carriage joint drivers licence.

Options presented to Members were; refuse to renew or take no further action and renew the Joint Driver’s Badge.

The driver has held a licence with the Council since the 5^th April 2017. His current licence expired on the 6^th April 2026, and the application to renew his licence was received on the 27^th February 2026.

It was noted that one of the mandatory checks carried out as part of a renewal of a Driver’s Licence, is a check against the National Register of Refusals, Revocations and Suspensions (NR3s). The NR3s check revealed that the driver had held a Private Hire driver’s Licence with Rossendale Council, which was revoked on the 14^th May 2025.

Rossendale took the decision to revoke the Driver’s Licence following a complaint on the 19^th December 2024 alleging that he had been smoking in a smoke free place, contrary to Section 7 of the Health Act 2006.

Following their investigation, it was proven that the driver had been smoking in his licenced vehicle prior to 19^th December 2024 a total of 50 times. On the 19^th December 2024, the driver had been warned that he had been seen smoking in his vehicle but he lied about the frequency in his response to Rossendale Licensing Officers. After this warning, he continued to smoke in his vehicle on a further 43 occasions.

The driver appeared in front of a Licensing Committee at Rossendale council on 23^rd April 2025 where his private hire driver licence was revoked.

The Driver (MUH) held a joint driver licence with Hyndburn Borough Council since 5^th April 2017, and a private hire vehicle licence since 22^nd August 2025 (after his licence was revoked in Rossendale).

On the 28^th May 2026, a Hyndburn Borough Council Licensing Enforcement Officer visited the driver at his home address to inspect his vehicle. On inspection it was clear that smoking had recently taken place inside the vehicle.   

The Enforcement Officer provided a statement to the committee.

The driver did not attend the committee meeting despite the Licensing Team attempting to contact him on numerous occasions.

Members were given the opportunity to ask questions of the officer before retiring to consider a decision.

Resolved - That, having considered the issues raised at the meeting, the Committee determined that the driver was not a fit and proper person to hold a hackney carriage and private hire joint driver’s licence and refused to renew his licence.

The committee noted that the driver failed to disclose the revocation of his licence by Rossendale Borough Council to this Council.

The committee also noted that in May this year an enforcement officer from Hyndburn Borough Council visited the driver and found clear evidence that he had continued to smoke in his vehicle, now licenced in this borough, despite the previous actions by Rossendale Borough Council.

This showcases an alarming pattern of behaviour and a clear disregard for the rules.

Finally, the committee noted that the driver failed to attend this meeting, without offering any explanation why, despite being invited and chased by Licensing officers. Therefore, there have not been any representations or explanations for the drivers actions.