Chair invited Elaine Moreton, Section Leader, Licensing, and the
Driver (CA) into the Hearing. CA was accompanied by his Solicitor,
Chair led round-table introductions and outlined the procedure to
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
Nigel Ford, Solicitor representing CA confirmed that the
information contained within the report was accurate.
parties were invited to question the Section Leader on the report.
No questions asked.
The Chair invited CA to make
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
parties were invited to question CA and Mr Ford on the
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.
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.
Mr Ford (applicant’s solicitor) and the Section Leader left
the room to allow the Sub-Committee to determine the
Chair invited all parties to return.
The Chair detailed the decision
of the Sub-Committee which was read out by the Senior
The Sub-Committee considered
all the evidence before them, both written and oral, provided at
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
Members required CA to attend
the one-day Hackney Carriage and Private Hire Vehicle Driver
knowledge course at his own expense.
Subject to CA successfully
completing and passing the course, which should be evidenced in
writing, no further action would be taken. However, should CA not
complete and pass the course he would be required to attend a
further review of his Hackney Carriage and Private Hire Vehicle
Driver’s Licence by the Sub-Committee.