Agenda item

Private Hire Driver Conduct Hearing (Reference 05-13)

Minutes:

The Chair welcomed all parties to the meeting and after introductions explained the procedure for the hearing.

 

The Sub Committee was requested to decide whether the Appellant (Ref 05-13) was a fit and proper person to continue to hold a Private Hire Driver’s licence in view of his failure to display his licence plate at all times.

 

The Senior Licensing Officer, advised that the Appellant been observed by a Licensing Officer, driving his Private Hire vehicle without his  licence plate on 4 separate occasions, between 26th April, 2013 and 1st August, 2013.  The Officer advised that the requirement to correctly display a licence plate at all times, whether a driver was working or not, was a condition of a Private Hire Driver’s licence. The Sub-Committee noted that the driver was sent a letter by a Licensing Officer and issued with 3 penalty points on each occasion.  The  issue of the 12 Penalty Points had necessitated the automatic referral of the  License to the Sub-Committee for review. The Sub-Committee was recommended to consider whether the licence be suspended for a period of time to be determined.

 

The Sub-Committee was reminded that it could only grant a Private Hire Drivers Licence if it was satisfied that the applicant was a fit and proper person.  Similarly, if an incident involving a driver was brought to its attention, the Sub-Committee had the power to not issue, suspend, revoke that licence or issue a strict warning.  It was highlighted that Licence holders provided a public service and their primary responsibility was the safety of members of the public and to adhere to the law. 

 

The Appellant submitted reasons why he had not displayed his plate on the relevant dates. 

 

Following a summary from the Licensing Officer and Appellant, the parties  were asked to leave the room whilst the Sub-Committee deliberated.

 

The meeting adjourned at 1.48 pm and reconvened at 1.57 pm. 

 

The Sub-Committee considered all the written and oral information at its disposal and after careful consideration decided that the driver’s licence be  suspended for four weeks.  The Sub-Committee felt that the period of suspension was reasonable and proportionate in view of the seriousness of the failure to comply with the conditions of the licence. 

 

The driver was reminded of his responsibilities as a private hire driver and issued with a strict warning,  with regard to his future conduct and responsibility as the holder of a private hire driver’s licence.  Any future breaches of the conditions of the licence would result in the Appellant being requested to reappear before the Sub-Committee when previous breaches of the licence would also be considered. 

 

Resolved – That the Appellant’s Private Hire Licence (Ref 05-13) be suspended for four weeks.