Agenda item

RESOLVED:

(i)         To refuse the request to adjourn consideration of this item.

(ii)        That the licence holder is no longer a fit and proper person to hold a Private Hire Driver Licence and that the licence is revoked with immediate effect.

The licence holder was not present.

The Licensing Enforcement Officer introduced the report which asked the Panel to consider whether the licence holder was a fit and proper person to continue to hold a Private Hire Driver Licence.

A request had been received for the consideration of this item to be adjourned to a future meeting.  The Panel considered this request but agreed to continue with the Hearing in the licence holder’s absence.

RESOLVED:

(i)        To refuse the request to adjourn consideration of this item.

(ii)       That the licence holder is no longer a fit and proper person to hold a Private Hire Driver Licence and that the licence is revoked with immediate effect.

Reasons for Decision

The Panel considered the request for adjournment and unanimously decided not to adjourn due to the severity of the issue and the fact that the licence holder could have made written representations or appointed a representative to appear on his behalf.

Substantive matter for the Panel

In reaching the decision the Panel took into consideration:

(i)      The report and exhibits presented by Rita Groves for North Northamptonshire Council.

(ii)     The provisions of the Local Government (Miscellaneous Provisions) Act 1976.

(iii)    North Northamptonshire Council’s Hackney Carriage and Private Hire Licensing Policy [“the Policy”]

The Panel considered the relevant sections of the Policy applicable to their considerations including: 

5.0.9: All drivers must satisfy the Council that they are a fit and proper person to hold a Hackney Carriage, Private Hire Driver or dual licence. Once the licence has been granted, they must remain a fit and proper person throughout the duration of the licence. The fitness and propriety of the licensed driver will be monitored and assessed throughout the licence period. Where licence holders have contravened any licence conditions, or any other complaints; criminal behaviour; medical fitness; or other concerns are brought to the attention of the Council, or where their continued fitness and propriety is called into question the matter may be referred to the Licensing Sub Committee for consideration.

5.4 The Policy also states at 5.7.4: Where convictions and cautions have been imposed on a current licensed driver, or they are under a live investigation by the Police, the licence holder may be referred to the Licensing Sub Committee for review, in order to determine whether they remain a fit and proper person to continue to hold the licence.

5.5 Appendix A - Criminal Convictions and Suitability Policy states at 2.18: The following types of offence will be viewed as serious:

f. Possession of or Possession with the Intent to Supply controlled substances.

Table 1: Summary of Institute of Licensing Guidance - guidance on the relevance of arrest, conviction, caution or any other relevant information including complaints and intelligence Conviction for, or relation to the supply of drugs, or possession with intent to supply or connected with possession with intent to supply: 10 years from completion of sentence to licence granted.

The Panel considered that the licence holder’s arrest and charge for Possession with Intent to Supply Cocaine was conduct that fell below that expected from a Private Hire Licence Holder.

The Panel considered all the options available to it and concluded that revocation was the only suitable outcome the other sanctions being insufficient to address the Panel’s concerns.

The Panel expressed that the safety of the travelling public is their paramount concern and after considering the evidence presented concluded that on a balance of probabilities the licence holder was a risk to public safety.

To ensure public safety the panel apply the ‘fit and proper person’ test set out at 5.4.2 of the policy:

“Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?”

The Panel unanimously answered ‘No’ and therefore decided to revoke the licence holder’s Private Hire Driver Licence with immediate effect.

The Panel’s decision is reasonable and proportionate in the circumstances and based on the evidence before it with public safety at the forefront of its decision making.