Minutes:
The Sub-Committeegaveconsiderationtoa reportpresented by the Licensing Officer (previouslycirculated) in which determinationwas sought inrespectofa review of a Hackney Carriage Driver’s Licence.
The Driver did not attend the meetingin personand did not provide a written statement for the sub-committee nor was he represented.
Arisingfromconsiderationofthereport, evidence presentedandin accordancewith theCouncil’s procedurefor hearings,it was moved byCouncillorHayes and secondedbyCouncillor Dawson, and
RESOLVEDthatthe Driver’sHackneyCarriageDrivers Licencebe revoked with immediate effectunder Section61(2B) of theLocal Government (MiscellaneousProvisions) Act1976,in order to promote public safetydue tothe conductof the Driver as setoutin theReport. TheSub-Committeefeltthere was reasonablecausetosupportits viewthatthey were not afitandproper personto hold sucha Licence.
Reasonsfor thedecision:
Members noted the information set out in the Report relating to the Driver’s alleged offence of driving a motor vehicle with alcohol level above limit. The Driver has pleaded Not Guilty and is due to stand trial.
The Sub-Committee heard from the Licensing Officer that the Licensing Team were informed by the police of the alleged offence and not by the Driver. It is a requirement of the Council’s Licensing Policy that a licensee informs the licensing team of any arrest, charge and any motoring offences within 48 hours. The sub-committee also heard that all attempts at contacting the Driver about this matter had been ignored.
Applyingthe testofwhether Members of the Sub-Committeewouldbehappyfora persontheycaredabout or avulnerablepersonto travel alonein avehiclewiththe Driver, it wasconcludedthatthey would not. TheSub-Committee notedits overridingdutyto thepublic,and oftheimportanceof protecting thepublicand of public safetyandconsideredthat,onbalance,there was causeto showthat the Driver was not a fitand proper persontoholda Licence.
TheSub-Committeetherefore consideredgiventhecircumstancesofthis casethatit bereasonableandproportionate to revokethe Driver’s Hackney Carriage Driver Licence with immediate effect.