Licensingsub-Committee

LICENSINGSUB-COMMITTEE

Committee date: Friday 10th April 2015

TAXI DRIVERS’ FITNESS TO BE LICENSED

EXECUTIVE SUMMARY

1. Mr Kim Englishhas held a private hire driving licence with this authority since January 2008, and In July 2012 Mr English obtained a Private Hire Operators licence to operate Kims Private Hire.

1. Mr English has failed to inform the Council that on the 2 July 2014, hepleaded guilty atLowestoft Magistrates Court toBattery and received a Supervision Requirement Community Order until the 30 July 2016. Costs of £85, Victim Surcharge of £60, and required to take part in an unpaid Activity Work Programme. This conviction remains in force until the 2 July 2019.

1. Mr English has also failed to declare to the Council a driving endorsement received on the 23 June 2014 for speeding, whereby he obtained 3 penalty points and a fixed fine.

1. The Committee will need to determine whether or not Mr English is a fit and proper person to continue to hold a private hire driver’s licence having taken into account the provisions of the Human Rights Act 1998, the content of this Report, and having listened to what the licensee has to say in his support.

Category of Exempt Information and reason why it is NOT in the public interest to disclose the exempt information. / This report is to be considered during the CLOSED part of the Agenda because it contains exempt information as defined in Paragraph 1 of Schedule 12A to the Local Government Act 1972.
It is considered that the public interest in not disclosing the exempt information outweighs the public interest in disclosing the information because the report contains information which relates to an individual.
Wards Affected: / All
Cabinet Member: / Cllr. Mary Rudd
Cabinet Member for Community Health & Information Technology
Supporting Officer: / Caroline Evans
Licensing Services Manager
Email address:

1LICENSEE

1.1Mr Kim English of 18 Stobbart Close, Beccles Lowestoft, NR34 9LT, has held a private hire driving licence with this authority since January 2008.

1.2In July 2012, Mr English obtained a Private Hire Operators licence to operate Kims Private Hire, and in July 2014 his partner also became a proprietor in the business.

2BACKGROUND

2.1The Licensing team became concerned when they received information from a member of the public who claimed that Mr English had been convicted of Common Assault to his partner and broken her nose.

2.2Mr English was interviewed on the 26 January 2015. He confirmed that there had been an incident and he understood the need for a determination from the Committee.

2.3 The following details were obtained from that interview when Mr English was informed that a complaint had been received that he had allegedly assaulted his partner:

i.Mr English confirmed that he had pleaded guilty to Battery and had received a fine and a Community Service Order.

ii.Alison Woodley advised Mr English that it is a condition attached to a driver and operators licences,to notify the Council of any conviction within seven days.Mr English was unable to confirm when he was actually convicted but it was during 2014.

iii.Mr English said he did not know that he had to inform the Licensing Team, he presumed it could wait until his next renewal to inform the Council.

iv.It was re-iterated that any conviction whether criminal or driving should be reported to the Council.

v.Mr English then informed the Officer that he had also failed to declare a speedingoffence he had obtained in June 2014.

2.4Mr English was required to complete a Disclosure and Barring check to confirm the criminal conviction.

1. The disclosure showed a number of offences prior to July 2014; although none since 2000.

1. The Rehabilitation of Offenders Act 1974 sets out the period after which a conviction is regarded as “Spent” and which would not normally necessitate disclosure of that conviction. However, in 2002 the Rehabilitation of Offenders Act 1974 was amended so as to exclude hackney carriage drivers and private hire vehicle drivers (Notifiable Occupation Scheme) from the effects of the 1974 Act. Existing licensees are, therefore, now required to disclose all convictions, including those that would previously have been regarded as spent under the 1974.

1. Existing licensees are also required to declareall formal cautions and all endorsable fixed penalties they have receivedand to provide details of all criminal matters of which they are currently thesubject of criminal investigation or prosecution.

2.5Since Mr English has been licensed, the Licensing Team have had cause to speak to Mr English on 2 further occasions:

1. During June 2012, a complaint was received from a member of the public that he had been verbally abusive to the complainant overan incident that occurred on the highway.

1. In April 2014, Mr English failed to declare to the Council his change of address, which had an impact on his Private Hire Operators licence. The letter which was sent to Mr English on the 15 April 2014clearly stating that drivers must comply with a condition that incorporates the declaration of criminal offences to the Council is attached as Appendix A.

2.6Mr English currently has 4 Penalty points on his Private Hire Drivers licence until April 2017, for failure to declare a change of address.

3. POINTS FOR CONSIDERATION

3.1The licences issued to Mr English, place him in a very trustworthy role. Failure to declare to the Council, an offence of this nature, has caused concern not only for the Licensing Team but the general public.

3.2Routinely Mr English would have received penalty points for the driving endorsement, but having also received a conviction; the matter has been referred to the Licensing Sub Committee for determination.

3.4The Council’s Statement of Policy about Relevant Convictions is attached as Appendix B, the current Penalty Points Scheme is attached as Appendix C, and the Councils conditions for private hire drivers and operators are attached as Appendix D.

3.5Mr Englishwas sent a copy of this report on the 16 March 2015 and has made no comment.

4.GOVERNANCE IMPLICATIONS

4.1In accordance with the Local Government (Miscellaneous Provisions) Act 1976, Part II Section 59, the Sub-Committee should consider whether Mr English is a fit and proper person to hold a private hire driver’s licence.

4.2The Human Rights Act 1998 came into force on the 2 October 2000. The Sub-Committee is urged to have careful regard of its provisions. It is unlawful for a public authority (this expression includes local authorities) to act in a way which is incompatible with a human right. However, case law makes it clear that safeguarding of the public has an overriding priority over a person’s human right to make a livelihood.

4.3As far as the licensee’s right to a fair hearing is concerned (Article 6), the licensee has a right to be heard by the Licensing and Health Sub-Committee. If the licence is suspended or revoked, there is a right of appeal to the Magistrates Court

4.4Whilst Article 8 provides a right of privacy of personal correspondence, criminal records maintained by the state are not in fact private. In the interest of public safety, it is desirable that such records should be considered in order to ensure that only fit and proper persons are licensed as hackney carriage/private hire driver.

4.5In assessing the impact of human rights the Sub-Committee must seek to strike a balance between the right of the proprietors in the business to hold the licence and the public safety implications of the offence under consideration.

4.6Mr English has been invited to attend the meeting and has been informed of his right to be represented.

7FINANCIAL AND GOVERNANCE IMPLICATIONS

7.1There are no financial implications.

7.2The law in this matter is the Local Government (Miscellaneous Provisions) Act section 61 and the Human Rights Act.

8OTHER KEY ISSUES

8.1Not applicable.

9CONSULTATION

9.1 Not applicable.

10OTHER OPTIONS CONSIDERED

10.1No other options other than recommendation.

11REASON FOR RECOMMENDATION

11.1 The Licensing Committee has an overarching duty to protect the travelling public. The Committee must therefore take into account all relevant information and its own Policy on Relevant Convictionsin order to arrive at a balanced decision.

RECOMMENDATIONS
That the Licensing Committee, having read and heard all the evidence presented to it at thehearing, and with the overarching duty to protect the travelling public in mind, make findings of fact and then determine whether or not Mr Kim English is a fit and proper person to be licensed to hold a Private Hire Drivers’ Licence and work within the Waveney district.
APPENDICES
Appendix A / Letter
Appendix B / Waveney District Council’s current Statement about Relevant Convictions.
Appendix C / Penalty Points Scheme.
Appendix D / Driver and Operator conditions.
BACKGROUND PAPERS– None

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