Agenda item

The Sub-Committee deliberated on the report which sought consideration of a conviction obtained by Mr PLT during the term of his hackney carriage/private hire driver's licence. 

Mr PLT was present.  He confirmed he had read and understood the procedure.

The Licensing Officer presented the report and stated that Mr PLT had informed the Licensing section he had a conviction.  He circulated a copy of the letters and the Licensee and Licensing Officer withdrew from the meeting while Members took some time to consider these documents.  A Member noted that in his letter Mr PLT referred to another issue of speeding.  The Legal Adviser stated that this should not be considered as it was a minor traffic offence and would not normally be put before the Sub-Committee on renewal.

Councillor Ian Gilchrist declared an interest as he was a Member of another local speedwatch patrol but stated that it was not pecuniary and he would remain in the meeting.

Mr PLT put his case setting out the circumstance of both offences.  He stated with regard to the speeding matter he was off duty at the time and was fined £145 and given 3 points on his licence.  He stated these were the first points he had received in 30 years.  Mr PLT stated with regard to the theft he had found a wallet on the floor of a petrol station and had put it in his car.  When subsequently waiting at traffic lights he noticed it contained £270 cash, credit cards and personal details.  Rather than returning to the garage and handing it in, however, he chose to discard it together with its content in a nearby lane.  When asked why he had not handed it in, Mr PLT replied he did not know, stating only that he had cooperated with police in the area having been identified as its finder from the garage CCTV system.  Mr PLT produced a leaflet relating to the Passenger Service Vehicle (PSV) Licensing process which he wanted Members to take account of.  The Legal Adviser stated PSV Licensing was a separate process and that that process was irrelevant to the matter before them.  Members were therefore directed to the law, guidance and policy on Taxi Licensing contained in their papers.  Mr PLT made reference to a letter received from the Licensing Officer which he did not produce and drew Members attention to an additional previously undisclosed offence.  The Legal Adviser stated that Members must consider whether Mr PLT continued to be a fit and proper person on the information contained in the papers and the Licensee’s representations on those papers namely the conviction for theft by finding and speeding.  Nevertheless Mr PLT went on to discuss this further conviction.  The Legal Adviser advised Mr PLT that the Members had not hitherto been made aware of this conviction and stated that Members should disregard this as it had been dealt with previously and was not for consideration at this meeting.  Mr PLT then made a closing statement.

Following an adjournment it was

RESOLVED that the hackney carriage/private hire driver's licence in respect of Mr PLT be suspended for a period of one month.

Reasons for decision

Members have had to determine what action to take against the licensee who had obtained a conviction for theft by finding whilst the holder of a combined hackney carriage and private hire driver’s licence.  During the hearing the licensee voluntarily disclosed an historic offence of possessing a firearm Members were careful to disregard this as the matter had been dealt with on a previous occasion. 

In determining the matter Members had regard to the Local Government (Miscellaneous Provisions) Act 1976, the Council's Policy, Human Rights Act 1998 and case law.  Members noted that case law stated hearsay evidence is admissible, the merits of a conviction must not be reviewed or re-opened, the economic wellbeing of the applicant is irrelevant and when considering any action the protection of the public is of the utmost importance.

With regard to the theft Members heard that the licensee had found a gentleman’s wallet on the ground at a filling station, he had taken it and discarded it out of his vehicle’s window.  Notwithstanding he had established it contained credit cards and £270. Members took a dim view of him not returning to the filling station to hand it in or handing it to the police.  Members considered that taxi drivers carry many people in the course of their business, as was stated by the licensee in his representation, and noted the widespread practice of delivering unaccompanied property in taxis is indicative of the trust placed in licensed drivers.  Members were unconvinced by the licensee’s account and in the circumstances considered that his conduct called into question whether anyone getting into a taxi driven by him and loosing property would ever see that property again.  In reaching a determination Members considered a warning as to future conduct would be inappropriate in these circumstances but that revocation would be disproportionate.  Accordingly, Members considered a period of suspension of the licence would be appropriate and that suspension for a period of 1 month would be proportionate and give the licensee an opportunity to reflect on his conduct.   

Accordingly the licence was suspended for 1 month.