Agenda item

To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 550166.

RESOLVED that the hackney carriage and private hire vehicle driver’s licence in respect of Driver No. 550166 be suspended for a period of one calendar month, or such a time as a negative drugs test result was provided to the Licensing Department by a qualified external provider as agreed between Licensing Officers and the Driver, and that a condition be attached to the Driver’s licence to ensure regular drug testing on a monthly basis thereafter for a period of twelve months.

[Councillor Brian Jones declared a personal and prejudicial interest in this item as he became aware that the Driver was known to him and he subsequently left the meeting before the decision-making stage taking no part in the deliberations.]

 

A confidential report by the Head of Planning, Public Protection and Countryside Services (previously circulated) was submitted upon –

 

(i)             the suitability of Driver No. 550166 to hold a licence to drive hackney carriage and private hire vehicles following a complaint regarding drug use and a positive roadside drug test carried out by the North Wales Police in October 2023;

 

(ii)            officers having referred the matter to the Licensing Committee for determination given the particular circumstances of the case;

 

(iii)          background information having been provided including details of the complaint and written disclosure from the North Wales Police together with descriptive notes of an interview with Driver No. 550166;

 

(iv)          the Council’s policy with regard to the relevance of convictions and suitability of applicants, and

 

(v)           the Driver having been invited to attend the meeting in support of the application and to answer members’ questions thereon.

 

The Driver was in attendance, accompanied by a relative, and confirmed receipt of the report and committee procedures.

 

The Enforcement Officer (KB) submitted the report and facts of the case.

 

The Driver advised that he had nothing further to add to the report details but provided assurances that he had not used drugs since June 2022 and could not account for the source of the complaint.  In response to members’ questions, the Driver further explained the circumstances relating to the positive roadside drug test and failed attempts to obtain a blood test whilst he was in custody leading to the absence of a blood sample; continued to deny that he had taken any drugs on that day, describing the manner of the roadside drug test and his explanation as to the positive result due to residue transference from money taken and subsequently consumed via food or smoking; elaborated on his personal circumstances during June 2022 and previous drug use together with his rehabilitation but denied any drug addiction; explained the circumstances of his release from custody and confirmed he had not heard from the Police since his arrest and had been advised that no further action would be taken.  The Enforcement Officer also responded to members’ questions regarding the basis of conducting a roadside drugs test, including for a motoring traffic offence only, with no other indicators necessary.

 

The Committee adjourned to consider the case during which members raised further questions.  Consequently, all parties were recalled to enable their questions to be put.  In response, the Enforcement Officer explained the basis of his questions during interview in terms of the likelihood of transference of drug residue; confirmed the roadside drug test gave no indication as to precise levels detected; there was no suggestion that the Driver had failed to submit to a blood sample being taken; confirmed a Drugs Nurse in the custody suite would take the blood sample and may decide not to proceed after unsuccessful attempts in particular circumstances; further information had been sought from the Police regarding the case which they advised could not be provided for operational reasons.  The Driver confirmed that he continued to drive licensed vehicles. 

 

The Committee re-adjourned and after further deliberations again recalled all parties to put a further question concerning the report recommendations in relation to placing conditions on the licence.  The Public Protection Business Manager confirmed a condition could be placed for a drugs test to be taken prior to driving taking place and to continue for a period of time at appropriate intervals.  The Driver confirmed he was willing to submit to regular drug testing as required.

 

The Committee again adjourned to further consider the case. 

 

During deliberations there were mixed views regarding the most suitable sanction in this case and members proposed both revocation and suspension with conditions.  Upon being put to the vote the proposition for revocation was LOST and a further vote for a suspension with conditions was CARRIED.  Consequently, it was –

 

RESOLVED that the hackney carriage and private hire vehicle driver’s licence in respect of Driver No. 550166 be suspended for a period of one calendar month, or such a time as a negative drugs test result was provided to the Licensing Department by a qualified external provider as agreed between Licensing Officers and the Driver, and that a condition be attached to the Driver’s licence to ensure regular drug testing on a monthly basis thereafter for a period of twelve months.

 

The reasons for the Licensing Committee’s decision were as follows –

 

Members had carefully considered the particular circumstances of the case as set out in the report together with the Driver’s submissions and response to questions and the input of Licensing Officers with the relevant experience in this field.  Members had also considered the relevant sections of the Council’s Statement of Policy regarding the suitability of licensees in the hackney carriage and private hire trades and the fit and proper person test.

 

The Committee had reached their decision based on the following reasons –

 

·       the corroborating complaint of a similar nature submitted shortly before the failed roadside drug test

·       they were not satisfied evidentially by the lack of blood test which had not been obtained by North Wales Police

·       concerns raised by members regarding the discrepancies contained within the report which contradicted some of the information given at interview and at Committee.

 

The Committee’s decision and reasons therefore were conveyed to the Driver and he was advised as to a right of appeal to the Magistrates Court within 21 days.

 

The meeting concluded at 12.55 pm.