Agenda item

This matter had been scheduled for hearing on the 26^th October 2017. The licence holder had not attended the meeting, or provided any reason for his absence. The Sub-Committee had resolved, for reasons of fairness, to defer the hearing to a future meeting. Notice was sent to the licence holder informing him that his case would be heard at today’s meeting, and that if he failed to attend the case could be determined in his absence. The licence holder had not attended today’s meeting, nor provided a reason for his failure to do so. The Sub-Committee noted that the licence holder had repeatedly failed to respond to attempts to contact him. Members considered whether or not the matter should proceed in the licence holder’s absence or be deferred again. On that preliminary issue the Sub-Committee resolved in the circumstances to proceed in Mr JLW’s absence.

After discussion the Sub-Committee RESOLVED that Mr J L W was no longer a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence and authority was delegated to the Public Protection Officer to give notice revoking his licence.

Reasons

Members have had to determine whether or not the licensee continues to be a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence having failed to provide a copy of his Disclosure and Barring Service Certificate. In doing so they had regard to the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

The licensee failed to attend the hearing on 26^th October 2017 as a result Members determined in the interests of fairness to defer the matter until the next Licensing Sub Committee meeting on notice to the licensee that should he fail to attend on the next occasion the matter may be dealt with in his absence.

The matter came before the Licensing Sub Committee for determination today having been deferred. The Licensee failed to attend and there was no information regarding his non-attendance. Members noted that the Licensee would have been put on notice that the matter may proceed in his absence. In the light of these circumstances Members decided to proceed in Mr J L W’s absence.

Members took into account the contents of the report before them together with annexes. Mr JLW had not made any representations in writing and had not attended the hearing in person to make oral representations.

Members noted:

  i.  That Mr JLW’s licence had been issued on 29^th January 2017 subject to “a satisfactory DBS Check”.

  ii.  The DBS web portal had confirmed that a certificate was issued by the DBS and sent to Mr JLW on 8^th February 2017.

  iii.  Mr JLW was sent a letter by the Taxi Licensing team on 27^th June reminding him that he was obliged to provide a copy of his DBS certificate as soon as he received it. He was asked to produce the certificate within 7 days of the date of the letter and given advice regarding next steps in the event that a further DBS check was required. He was warned that failure to contact the Licensing office within 7 days would result in his licence being referred to the LSC for members to consider suspension or revocation of his Combined Hackney Carriage/Private Hire Driver’s licence.

  iv.  On 27^th July 2017 Mr J L W was send a reminder letter in similar terms but on this occasion, it included a formal warning that he had until 17^th August 2017 to contact the Taxi Licensing office to either a) produce his DBS Certificate or b) complete a DBS application at his cost in the sum of £44. Mr JLW was warned that failure to do so would result in a report to the LSC to consider whether or not he continued to be fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s Licence. Mr JLW was informed that there would be no further warnings.

  v.  Mr JLW failed to attend the LSC hearing on 26^th October 2017 and provided no information regarding his non-attendance. The meeting had been deferred with notice that failure to attend on the next occasion may result in the matter proceedings in his absence.

  vi.  Mr JLW failed to attend the LSC hearing today and there was no information regarding his non-attendance.

Applying their policy Members noted that the DBS Check is an important tool in determining whether or not a Licensee continued to be a fit and proper person to hold a licence and in the light of the circumstances and the absence of the DBS Certificate Members could not be satisfied that Mr JLW continued to be fit and proper.

Accordingly members resolve to revoke Mr JLW’s licence under section 61(1)(b) Local Government (Miscellaneous Provisions) Act 1976.

Authority delegated to the Public Protection Officer to give notice to this effect under section 61(2A) Local Government (Miscellaneous Provisions) Act 1976.