The Chair invited Elaine Moreton, Section Leader, Licensing, and the Driver (CA) into the Hearing. CA was accompanied by his Solicitor, Nigel Ford.

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 Hackney Carriage and 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 for consideration to be given as to whether CA was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence due to the information outlined in the report.

Nigel Ford, Solicitor representing CA 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 CA to make his submission.

Nigel Ford made representations on behalf of his client. He stated that his client fully accepted the allegations against him and he was sorry. He discussed his client’s current personal circumstances and stated CA was a hardworking family man with no convictions. He said his client was deeply sorry and embarrassed by the incident.

All parties were invited to question CA and Mr Ford on the submission.

In response to questions asked, Mr Ford stated that his client had been experiencing personal problems at the time of the incident and that he was not a bad man. He stated that his client lacked understanding of equality issues and would welcome further training if deemed appropriate by the Sub-Committee.

In response to questions asked, Sarah Hardwick, Senior Solicitor, and Elaine Moreton, Section Leader Licensing, elaborated on the training available to CA.

The Chair invited CA to make a final statement and Mr Ford did so on behalf of his client. He stated that his client was deeply sorry for his actions and would welcome further training. He stated that it was a one-off incident and no other complaints had been made against his client.

CA, Mr Ford (applicant’s solicitor) 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 which was read out by the Senior Solicitor.

Resolved:

The Sub-Committee considered all the evidence before them, both written and oral, provided at the hearing.

In the circumstances, section 61 of the Local Government (Miscellaneous Provisions) Act 1976 and paragraph 5.1.25 of the Council Guidelines relating to Relevance of Convictions and Breaches of Licence Conditions, allowed the Council to suspend or revoke the dual licence. However, members were minded to rely upon paragraph 1.12 of the Guidelines which provide that in appropriate circumstances a suspension or revocation may be abated, by the licence holder demonstrating to the satisfaction of the Council that they had successfully completed and passed appropriate training which should be evidenced in writing to the Council.

Members required CA to attend  ...  view the full minutes text for item 7