Agenda item

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of the suitability of Driver No. 044473 to hold a Hackney Carriage and Private Hire Vehicle Drivers Licence.

RESOLVED that the allegations made in respect of Driver No. 044473 had not been proved and no action be taken.

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

(i)            the suitability of Driver No. 044473 to hold a licence to drive hackney carriage and private hire vehicles;

(ii)          the Licensing Committee held on 12 June 2013 having deferred consideration of the report in the absence of the Driver in order to provide a further opportunity for him to present his case (an extract of the minutes had been appended to the report);

(iii)         concerns having been raised by Licensing Enforcement Officers regarding the conduct of the licensed driver on a number of separate occasions following an incident on 27 February 2013 (a summary of the facts together with witness statements having been attached to the report), and

(iv)         the Driver having been requested to attend the meeting in support of his licence review and to answer members’ questions thereon.

The Driver and his Legal Representative confirmed they had received the report and committee procedures.  An application was made to stay the proceedings on the grounds that the local authority’s legislative powers had been incorrectly referenced in the report.  Following an adjournment to consider the submission the Chair advised that the committee had agreed to defer the matter to a special meeting to allow for the inaccuracy to be corrected.  For transparency the Head of Legal and Democratic Services repeated the legal advice he had relayed during closed session.  After a brief consultation with his client the Legal Representative advised that he was content to continue with the hearing despite the inaccuracy and proceedings were resumed.

The Licensing Officer (JT) introduced the report and case details.

A statement provided by the Driver was read out which provided some background information attesting to his character including employment history, family circumstances and his work within the local community.  It was highlighted that he had not been subject of a complaint since becoming a licensed driver in 2006.  The Legal Representative responded to the allegations detailed within the report and also presented the following in evidence –

·         two witness statements to the incidents on 27 February and 26 March 2013

·         transcript of the conversation with the Police Officer on 27 February 2013

·         letter dated 22 March 2013 from the Vehicle & Operator Services Agency regarding action taken on 27 February 2013

·         email dated 17 September 2013 from North Wales Police in response to a formal complaint relating to the incident on 27 February 2013.

Members questioned the Driver on his version of events and the demeanour he had adopted with various officials on the occasions detailed within the report.  The Driver also responded to questions raised regarding his dealings with the licensing officers.

In his final statement the Legal Representative reiterated that correct procedures had not been followed by certain officials on 27 February which had given rise to subsequent events.

At this juncture the committee adjourned to consider the case and it was –

RESOLVED that the allegations made in respect of Driver No. 044473 had not been proved and no action be taken.

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

Members had carefully considered the report and evidence presented in this case.  The committee found no evidence to justify a sanction being imposed and had not been satisfied that the allegations made in respect of the Driver’s conduct had been proven.  Consequently no further action needed to be taken.

The Chair conveyed the committee’s decision and the reasons therefore to Driver No. 044473 and his Representative.  He also asked that the Driver co-operate fully with licensing officers in any future dealings.

At this juncture (10.50 a.m.) the meeting adjourned for a refreshment break.