Minutes:
The Chair invited Chris Howell, Licensing Manager, Elaine Moreton, Section Leader, Licensing, and the Applicant (VA) into the Hearing. The Chair led round-table introductions and outlined the procedure to be followed.
The Section Leader, Licensing, outlined the report regarding a review of a Private Hire Vehicle Driver’s Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee by an authorised employee of the council for further consideration to be given as to whether VA was a fit and proper person to hold a Private Hire Vehicle Driver’s Licence due to the information outlined in the report.VA confirmed that the information contained within the report was accurate.
All parties were invited to question the Section Leader on the report. No questions asked.
The Chair invited Chris Howell, Licensing Manager, to make representations.
The Licensing Manager did so. He outlined the incident of 5 July 2018 in which he witnessed VA working whilst not wearing his Private Hire Vehicle Driver’s badge. He stated that VA claimed to have finished shopping, left his badge at home and would retrieve it before starting work. The Licensing Manager referred to the GPRS tracking evidence within the report which indicated VA did not return home to collect his badge.
All parties were invited to question the Licensing Manager on his submission.
In response to questions from the Sub-Committee, Senior Solicitor and VA, the Licensing Manager explained the importance of drivers wearing their badges and disputed claims made by VA regarding the incident.
Sarah Hardwick, Senior Solicitor, requested clarification on the contents of Page 5 of the Supplementary Information pack.
Elaine Moreton, Section Leader Licensing, explained that the evidence in question, confirmed that VA had been working the minute before being approach by the Licensing Manager.
The Chair invited VA to make representations.
VA explained the incident of 5 July 2018. He stated he had just finished a job and had taken his badge off, placing it on the passenger seat, before going to use the toilet. He claimed that the Licensing Manager did not verbally introduce himself, leading VA to believe he was plying for hire.
All parties were invited to question VA on his submission.
In response to questions from the Sub-Committee, Senior Solicitor and the Section Leader, VA confirmed that when approached by the Licensing Manager, his badge was on the passenger seat as he was taking a break. He explained that he hadn’t logged off the ‘platform’ as he didn’t want to lose potential fares and denied having any conversation with the Licensing Manager during the incident. VA was unable to provide a clear answer when asked if he was suggesting the Licensing Manager had lied but confirmed he had not met the Licensing Manager before the 5 July 2018 and therefore could not provide an explanation as to why the Licensing Manager would fabricate evidence.
He confirmed that following his interaction with the Licensing Manager, he drove to a shop in Chapel Ash to use the toilet facilities.
Following this submission, the Sub-Committee consulted the GPRS tracking evidence within the report and noted that VA’s version of events did not correspond.
The Chair invited VA to make a final statement.
VA claimed that because the Licensing Manager hadn’t verbally introduced himself there had been a misunderstanding and stated it wasn’t practical to log off the ‘platform’ during every break.
VA, the Licensing Manager and the Section Leader left the room to allow the Sub-Committee to determine the matter.
The Chair invited all parties to return.
The Chair detailed the decision of the Sub-Committee.
Resolved:
That, having considered all the evidence presented at the Hearing, both written and oral, the Sub-Committee resolved that VA was not a fit and proper person and therefore they determined to suspend the Private Hire Vehicle Driver’s Licence for a period of 6 weeks in accordance with section 61 of the Local Government (Miscellaneous Provisions) Act 1976 and paragraph 5.1.19 (a) of the Guidelines relating to Relevance of Convictions and Breaches of Licence Conditions.
The applicant’s right of appeal was detailed by the Senior Solicitor.
Supporting documents: