Agenda and minutes

Agenda and minutes

Licensing and Appeals Sub Committee Hearing Panel - Tuesday, 17th March, 2020 10.00 am

Venue: Council Antechamber, Level 2, Town Hall Extension. View directions

Contact: Ian Hinton-Smith 

Items
No. Item

1.

Exclusion of the Public

The officers consider that the following item or items contains exempt information as provided for in the Local Government Access to Information Act and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Committee is recommended to agree the necessary resolutions excluding the public from the meeting during consideration of these items. At the time this agenda is published no representations have been that this part of the meeting should be open to the public.

Minutes:

A recommendation was made that the public be excluded during consideration of the following items of business.

 

Decision

 

To exclude the public during consideration of the following items which involved consideration of exempt information relating to the financial or business affairs of particular persons, and public interest in maintaining the exemption outweighed the public interest in disclosing the information.

2.

Review of a private hire driver licence: MHS

The report of the Head of Planning, Building Control and Licensing is enclosed.

Minutes:

The Hearing Panel considered an application for a Review of a Private Hire Driver Licence. The Hearing Panel considered the report submitted along with the representations made by The Licensing Unit, the applicant’s representative and the applicant. The Hearing Panel also took into consideration their Statement of Policy and Guidelines. In particular page 25 which states:

 

“Offence under the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 and Hackney Carriage Byelaws and section 167 Criminal Justice and Public Order Act 1994.

 

One of the main purposes of the licensing regime set out in the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 (‘the Acts’) and Hackney Byelaws is to ensure the protection of the public. For this reason, a serious view is taken of convictions for offences under the Acts (including illegally plying for hire and/or touting) when deciding whether an application is to be treated as a fit and proper person to hold a licence.”

 

The Hearing Panel heard from the MHS’s representative that the driver had admitted the offence at the time of the incident and had pleaded guilty on their first appearance at court.

 

Whilst MHS’s conviction falls within the policy, the Hearing Panel concluded it could depart from the policy on this occasion and determined that, as this was an isolated incident, the suspension of MHS’s licence for three months was appropriate.

 

Decision

 

To suspend MHS’s licence for 3 months.

 

3.

Review of a private hire driver licence: TL

The report of the Head of Planning, Building Control and Licensing is enclosed.

Minutes:

The Hearing Panel considered an application for a Review of a Private Hire Driver Licence. The Hearing Panel considered the report submitted along with the representations made by The Licensing Unit. The Hearing Panel also took into consideration their Statement of Policy and Guidelines. In particular page 25 which states:

 

“Offence under the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 and Hackney Carriage Byelaws and section 167 Criminal Justice and Public Order Act 1994.

 

One of the main purposes of the licensing regime set out in the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 (‘the Acts’) and Hackney Byelaws is to ensure the protection of the public. For this reason, a serious view is taken of convictions for offences under the Acts (including illegally plying for hire and/or touting) when deciding whether an application is to be treated as a fit and proper person to hold a licence.”

 

The applicant did not attend the hearing and the Hearing Panel made the decision to proceed in TL’s absence.

 

Whilst TL’s conviction falls within the policy, the Hearing Panel concluded it could depart from the policy on this occasion and determined that, as this was an isolated incident, the suspension of TL’s licence for three months was appropriate.

 

Decision

 

To suspend TL’s licence for 3 months.

 

4.

Review of a private hire driver licence: YHG

The report of the Head of Planning, Building Control and Licensing is enclosed.

Minutes:

The Hearing Panel considered an application for a Review of a Private Hire Driver Licence. The Hearing Panel considered the report submitted along with the representations made by The Licensing Unit and YHG. The Hearing Panel also took into consideration their Statement of Policy and Guidelines. In particular page 25 which states:

 

“Offence under the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 and Hackney Carriage Byelaws and section 167 Criminal Justice and Public Order Act 1994.

 

One of the main purposes of the licensing regime set out in the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 (‘the Acts’) and Hackney Byelaws is to ensure the protection of the public. For this reason, a serious view is taken of convictions for offences under the Acts (including illegally plying for hire and/or touting) when deciding whether an application is to be treated as a fit and proper person to hold a licence.”

 

The Hearing Panel heard from YHG who accepted the charges made at court and made no appeal against them.

 

Whilst YHG’s conviction falls within the policy, the Hearing Panel concluded it could depart from the policy on this occasion and determined that, as this was an isolated incident, the suspension of YHG’s licence for three months was appropriate.

 

Decision

 

To suspend YHG’s licence for 3 months.

 

5.

Review of a private hire driver licence: MO

The report of the Head of Planning, Building Control and Licensing is enclosed.

Minutes:

The Hearing Panel considered an application for a Review of a Private Hire Driver Licence. The Hearing Panel considered the report submitted along with the representations made by The Licensing Unit and MO. The Hearing Panel also took into consideration their Statement of Policy and Guidelines. In particular page 25 which states:

 

“Offence under the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 and Hackney Carriage Byelaws and section 167 Criminal Justice and Public Order Act 1994.

 

One of the main purposes of the licensing regime set out in the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 (‘the Acts’) and Hackney Byelaws is to ensure the protection of the public. For this reason, a serious view is taken of convictions for offences under the Acts (including illegally plying for hire and/or touting) when deciding whether an application is to be treated as a fit and proper person to hold a licence.”

 

MO explained the circumstances surrounding the plying for hire issue, stating that they had called the Licensing Unit soon after the incident to give their version of events. The Hearing Panel were aware that was a further, minor issue linked to the plying for hire scenario against MO and took this into consideration.

 

Whilst MO’s conviction falls within the policy, the Hearing Panel concluded it could depart from the policy on this occasion and determined that, as this was an isolated incident, the suspension of MO’s licence for four months was appropriate.

 

Decision

 

To suspend MO’s licence for 4 months.

 

6.

Review of a private hire driver licence: TA

The report of the Head of Planning, Building Control and Licensing is enclosed.

Minutes:

The Hearing Panel considered an application for a Review of a Private Hire Driver Licence. The Hearing Panel considered the report submitted along with the representations made by The Licensing Unit and TA. The Hearing Panel also took into consideration their Statement of Policy and Guidelines. In particular page 25 which states:

 

“Offence under the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 and Hackney Carriage Byelaws and section 167 Criminal Justice and Public Order Act 1994.

 

One of the main purposes of the licensing regime set out in the Town Police Clauses Acts and Part II of the Local Government (Miscellaneous Provisions) Act 1976 (‘the Acts’) and Hackney Byelaws is to ensure the protection of the public. For this reason, a serious view is taken of convictions for offences under the Acts (including illegally plying for hire and/or touting) when deciding whether an application is to be treated as a fit and proper person to hold a licence.”

 

The Hearing Panel were informed by TA that their representative at the time of the court hearing had advised TA that they potentially had a defence and therefore TA had pleaded not guilty.

 

The Hearing Panel did, however, take into account TA’s otherwise unblemished history as a Licensed Driver over a long period of time.

 

Whilst TA’s conviction falls within the policy, the Hearing Panel concluded it could depart from the policy on this occasion and determined that, as this was an isolated incident, the suspension of TA’s licence for three months was appropriate.

 

Decision

 

To suspend TA’s licence for 3 months.

 

7.

Review of a hackney carriage driver licence: RH

The report of the Head of Planning, Building Control and Licensing is enclosed.

Minutes:

RH did not attend the hearing and the Hearing Panel was made aware of a request by the RH’s representative to consider adjourning the hearing.

 

The Hearing Panel took into account a large number of complaints dating back to 2007 documented in the reports submitted by the Licensing Unit, many of which were backed up by witness statements.

 

On this basis the Hearing Panel felt that they should proceed with the hearing in RH’s absence, concluding that RH could not be trusted to work with the public and maintain the high reputation of the hackney carriage trade currently operating within the city and were firmly of the opinion that RH was not a fit and proper person to hold a taxi licence.

 

Decision

 

To revoke RH’s licence.

 

8.

Review of a private hire driver licence: AAS

The report of the Head of Planning, Building Control and Licensing is enclosed.

Minutes:

The Hearing Panel heard representations from both the AAS and the Licensing Officer concerning the application.

 

The Hearing Panel considered the report submitted by the Licensing Unit containing information regarding a minor incident dating back to a time when the applicant worked in a previous role. The incident was linked to AAS’s previous position and was in breach of the Trade Marks Act 1994.

 

The Hearing Panel noted that AAS had pleaded guilty to the charges at the time and also noted that there were no other convictions to consider.

 

The Hearing Panel made the decision that AAS was a fit and proper person to hold a licence and was prepared to grant the licence subject to a warning about any future conduct.

 

Decision

 

To grant AAS’s licence with a warning.