Agenda item

The report will contain exempt information under the Local Government Act 1972, Schedule 12A, Paragraph 1 – Information relating to any 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.

(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 to enable Members to consider what action to take, if any, in respect of an Operator’s licence.  A number of issues and complaints had been lodged against the Operator and these were set out in the report.  The following documents were appended to the report:-

Appendix 1 –   Statements of Complainants July 2018 complaint

Appendix 2 –   Booking Records

Appendix 3 –   Email to Operator’s Solicitor relating to complaint of Witnesses 1 & 2

Appendix 4 –   Further Emails between the Council and the Operator’s Solicitor

Appendix 5 -    Report to Committee 2010

Appendix 6 -    Email to Operator’s Solicitor 11^th July 2018

Appendix 7 -    Letter from Operator dated 12^th July 2018

Appendix 8 -   Letter of complaint from Witness 3

Appendix 9 -    Complaint 17^th October 2017

Appendix 10 - MOT Failure Certificate 26^th January 2018

Appendix 11 - Complaint of Witness 3 (January 31st 2018

Appendix 12 – Complaint of Witness 4 (February 20^th 2018)

Appendix 13 - Complaint 22^nd February 2018

Appendix 14 -  Complaint 9^th March 2018

Appendix 15 -  Complaint 30^th April 2018

Appendix 16 -  Email exchange between the Operator and Licensing Officer after incident 30^th April 2018

Appendix 17 -  Two complaints submitted 21^st August 2018

Appendix 18 - Email confirming bookings

Appendix 19 - Complaint and associated emails 10^th September 2018

In accordance with the Licensing Procedure, the Operator and representation had been invited to attend the meeting.  Representatives of the Operator and their legal representation were present at the meeting.

Attention was drawn to the Hyndburn Borough Council Licensing Policy Hackney Carriage and Private Hire 2017 guidelines on the Relevance of Convictions.  Legal advice on the relevance of the incidents set out in the report and the Operator’s history of complaints/issues was sought by and provided to the Committee at the meeting.

The legal representatives of the Operator made further submissions of evidence prior to the meeting (an evidence bundle) and circulated two further pieces of evidence at the meeting, referenced AP7 and AP16, which had been omitted from the evidence bundle.

Council representatives submitted further evidence at the meeting in the form of copies of the Hackney Carriage and Private Hire licensing booklet and a document showing that the Operator had received it. 

On completion of all evidence and information being submitted before the Committee the meeting was adjourned. 

The meeting reconvened on Thursday 4^th October 2018 at 1.30 p.m.  The Committee was requested to:

(a) Determine whether the facts referred to in the submitted evidence were substantially true;

(b)  Having made a finding of the facts, decide whether those facts revealed if the Operator had acted in any way which would bring into doubt their suitability to hold an Operator’s licence with the Authority; and

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

Resolved                           (1)   That, having taken into consideration the matters contained within the report and any representations made, the Committee determined that rather than suspend or revoke the Operator’s licence it would be more appropriate a final warning letter was issued requiring the Operator to agree an action plan within 21 days with the Council’s Licensing Manager which would remedy the failures that had been identified; and

                                           (2) That the implementation of the action plan be monitored by the Council’s Licensing Manager for the next four months.