Revocation of a Hackney Carriage/Private Hire Drivers Licence and Hackney Carriage/Private Hire Vehicle Licences
- Meeting of Appeals Committee, Wednesday, 22nd February, 2012 9.30 am (Item 25.)
- View the declarations of interest for item 25.
- View the reasons why item 25. is restricted
Report of the Assistant Director of Commissioning.
Cllr Sherwood declared a personal and prejudicial interest in the item by virtue of knowing the family reasonably well and that they had rented a business from Swaffham Town Council. He left the room.
Cllr Duffield was not present for the item.
The appellant was not present at the hearing. The Committee noted that all appropriate efforts and attempts had been made to contact the appellant with regard to the hearing but all had been to no avail. No apologies had been received from the appellant. It was decided to continue with the hearing and consider the application in his absence.
The Committee heard the application in accordance with the Council’s agreed procedure.
The Hearing took place in the presence of the Licensing Officer and Mr P Mason, the Council’s Solicitor.
Patrick O’Brien, Licensing Officer presented the report which was to consider the revocation of a Hackney Carriage/Private Hire driver’s licence in accordance with Section 61(1)(a)(ii) and (b) of the local Government (Miscellaneous Provisions) Act 1976. In addition to consider the Revocation of 2 Hackney Carriage vehicle licences and 2 Private Hire vehicle under Section 60(1)(b) and Section 60(1)(c).
The principal consideration in the case was the appellant’s continual breach of licensing conditions.
The Licensing Officer advised of further background information in that complaints had been received that vehicles were being driven by others. One of the vehicles was being driven legally by a brother of the appellant.
Having heard all the evidence given by the Licensing Officer, the Committee withdrew to consider their options. Members would apply the statutory test to the application to determine if they considered that the appellant was a fit and proper person able to drive and to perform the duties expected of a Breckland Council Hackney Carriage/Private Hire driver and Proprietor.
After considering the matter the Committee returned.
In the absence of the appellant, the Solicitor advised the following findings of fact :
1. The appellant had held a Breckland Council Hackney Carriage/Private Hire driver’s licence since at least 1 February 2007.
2. All licences except the appellant’s driver’s licence were issued to The Shambles, Market Place, Swaffham. There was evidence in November 2011 that the operation closed and a new site was to be opened in Sporle.
3. There had been no contact by the appellant with the Licensing Authority since at least November 2011.
4. Letters from the Licensing Team sent on 3 January 2012 were returned undeliverable on 10 January 2012.
5. Two unfit vehicle notices were served on 30 January 2012 on licensed vehicles HV107 and HV07.
6. The appellant had failed to notify the Local Authority of the change in Operators’ address.
7. The appellant had failed to notify the Local Authority of changes in status to the vehicles.
8. The appellant had failed to notify the Local Authority of his current address.
In the circumstances it was :
RESOLVED that the appellant’s Hackney Carriage/Private Hire driver’s licence, Hackney Carriage/Private Hire Vehicle licences and Operators Licence be revoked, on the grounds that the Committee were satisfied that the appellant was not a fit and proper person able to drive and to perform the duties expected of a Breckland Council Hackney Carriage/Private Hire driver and Proprietor under the Local Government (Miscellaneous Provisions) Act 1976.
In the absence of being able to locate a responsible person, the Committee took the view that the revocations would take place immediately.