The Sub-Committee is requested to consider an appeal against penalty points issued and to subsequently consider the continuance of the Hackney Carriage Driver Licence.
Minutes:
Discussion:
The Principal Licensing and Enforcement Officer requested that the Sub-Committee consider the information and evidence in her report, determine Mr A’s appeal against suspension of his Hackney Carriage Driver Licence and subsequently consider the continuance of the licence and determine what action should be taken.
The Principal Licensing and Enforcement Officer advised that, following receipt of a complaint from a member of the public regarding the condition of Mr A’s licenced hackney carriage vehicle, further enquiries had been made and Mr A had been requested to present the vehicle at the Council’s offices for inspection. This request was not complied with and the vehicle had been suspended. The vehicle was then presented for inspection and a number of defects were found. As a result a defect notice had been issued and the suspension remained in place.
The Licensing Unit then received complaints that a second vehicle licenced by Mr A was being used for hire and reward without displaying door signs. Following an inspection of this vehicle, defect and suspension notices were issued and Mr A was issued with penalty points in respect of both vehicles. In total, eight points were issued in respect of the first vehicle and 16 points in respect of the second vehicle. Mr A surrendered his vehicle licence for the first vehicle and submitted an appeal against the issuing of penalty points, submitting evidence and character references to support his appeal. The second vehicle was subsequently re-inspected and, as the defects had been corrected, the vehicle suspension had been lifted
In presenting her report, the Principal Licensing and Enforcement Officer highlighted the very high standard that Medway Council expected from its licensed drivers and advised members of the Sub-Committee of the options available to them.
During questioning of the Principal Licensing and Enforcement Officer and in presenting his detailed representations on Mr A’s behalf, Mr A’s representative questioned the process for issuing penalty points, particularly where a vehicle had already been suspended. He drew Members attention to the defect notices which did not indicate that points were to be awarded. The Licensing and Enforcement Officer responded that the defect notice had indicated that the issuing of points was still under consideration at the point that it was issued. Mr A’s representative also noted that confirmation of the points issued for the first vehicle was not sent within the required timescale. He also gave mitigating factors regarding Mr A’s failure to present his first vehicle for inspection when requested. He concluded that Mr A was of good character and treated his customers well. Questions were then put to Mr A and his representative before both parties were asked to sum up.
Both parties to the hearing left the room and the Sub-Committee considered the matter in private.
Decision:
After careful consideration of the written evidence and the representations made at the meeting by the Principal Licensing and Enforcement Officer and Mr A through his representative, the Sub-Committee:
a) was satisfied that Mr A was a fit and proper person to continue to hold a Hackney Carriage Driver Licence; and
b) agreed to amend the number of penalty points issued to reflect the main issues of the case. The following penalty points were therefore issued for breaches of the Hackney Carriage and Private Hire Licensing Policy:
Four points – seat belt not working – first vehicle
Three points – fire extinguisher not serviced – second vehicle
Four points – no door signs displayed – second vehicle.
Supporting documents: