Minutes:
The Licensing Officer:
a) advised that the Hackney Carriage and Licensing Sub-Committee was required to determine whether the licence holder was a fit and proper person to hold a driver’s licence.
b) stated that the applicant submitted their application and documents to apply for a new private hire driver’s licence in May 2023.
c) highlighted that the applicant had previously held a private hire driver’s licence from 2017 until April 2022 when their licence was revoked by the Authority due to safeguarding concerns; a copy of the 2022 immediate revocation notice was attached at Appendix A to the officer’s report.
d) explained that the immediate revocation decision was appealed by the applicant to Magistrates Court whereby the case was dismissed; a summary of the decision produced by the Head of Legal Services at the time, was attached at Appendix B to the officer’s report.
e) added that a new DBS check was requested which confirmed that the applicant had a clean DBS certificate.
f) explained that a DVLA check was also requested which showed the applicant held a full UK driving licence with 3 valid penalty points for an SP30 offence.
g) reported that the applicant had provided 3 references which had been circulated to the Sub-Committee
h) requested Members determined whether the licensee was a fit and proper person to hold a Private Hire driver’s licence and provide full and frank reasons for the decision.
The applicant confirmed to the Sub-Committee that they had been informed in a letter that they could take legal advice about this matter and also that they could bring an interpreter to the hearing. An interpreter commissioned by the City of Lincoln Council was in attendance. The applicant had also brought along their spouse and former manager, to offer them support.
The Sub-Committee asked the applicant appropriate questions to determine whether they were a fit and proper person to hold a Private Hire licence.
The decision was made as follows:
That the applicant be refused a Private Hire Driver’s Licence.
Reasons for the decision:
1. The applicant failed to persuade the Sub-Committee that he was a fit and proper person to hold a driver’s licence, due to safeguarding concerns made against him which had led to the immediate revocation of his license.
2. The appeal case held against the decision to revoke the applicant’s private hire driver’s licence was heard by the Magistrates Court and dismissed. The Sub-Committee were unable to look behind the Magistrate Court’s decision.
3. The applicant accepted that he had breached the code of conduct for Hackney Carriage and Private Hire Drivers employed by the City of Lincoln Council.
4. The Licensing Committee had determined policy to be applied to licence holders as well as agreeing to the implementation of the Statutory Taxi and Private Hire Standards. The Standards were developed to set-out a range of robust measures to protect taxi and private hire vehicle passengers, particularly those most vulnerable. The onus was on the licence holder to explain to the Sub-Committee why it should depart from its policy.