Agenda item

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.

Discussion:

The Principal Licensing and Enforcement Officer requested that the Sub-Committee consider the information and evidence in her report, determine Mr K’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 one of the Council’s Licensing Enforcement Officers had witnessed Mr K drive through red traffic lights and approached Mr K to discuss the incident, advising him to attend the Council offices on a particular day. He later saw Mr K again and repeated this request, explaining the matter could result in the issuing of penalty points. In response Mr K had become agitated and this incident was witnessed by another Licensing and Enforcement Officer of the Council.

The Licensing Unit had subsequently received an email from a licensed hackney carriage driver in support of Mr K who then submitted an appeal against the decision to issue him with penalty points and a further letter detailing his account of events. Character references for Mr K were also received by the Licensing Unit.

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 the Enforcement Officers and in presenting his case, Mr K challenged the version of events set out in the officer report and appendices, stating his belief that he would not have been able to stop safely at the traffic lights. He questioned the way in which Licensing and Enforcement Officers had dealt with the later incident and was concerned that they had not shown their Council identification badges. He denied being agitated or aggressive, stating that this was not in his nature. Mr K said that he had held a licence for many years and had never before had an enforcement issue.  The Principal Licensing and Enforcement Officer confirmed that there was nothing of this nature recorded on Mr K’s file. Mr K questioned why the Licensing and Enforcement Officer had approached him for a second time and circulated a document giving his version of this incident. Mr J, who had witnessed the incident, also addressed the Sub-Committee in support of Mr K. Mr K sought clarification on the Council’s dress code and was advised that officers dressed appropriately for the duties they were performing.

Both parties were then asked to sum up before leaving 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, the Licensing and Enforcement Officers and Mr K, the Sub-Committee:

a)    was satisfied that Mr K was a fit and proper person to continue to hold a Hackney Carriage Driver Licence; and

b)      accepted the officer evidence that Mr K had driven through a red light and confirmed the eight penalty points issued for this breach of the Hackney Carriage and Private Hire Licensing Policy.