Agenda item

The licensee did not attend the hearing or communicate any explanation for non-attendance. The Sub-Committee decided to proceed with the hearing in her absence.

The Senior Public Protection Officer presented the report.

Members noted that the licensee had not responded to letters sent in January and June 2018 to her last known address as part of the three-yearly Enhanced Disclosure and Barring Service check and that no communication had been received from her up to the date of the meeting. Therefore it was not possible to establish that the licensee remained a fit and proper person to hold a combined Private Hire/Hackney Carriage Driver’s Licence. She had also failed to comply with the reasonable requests of a delegated officer.

Following an adjournment the Sub-Committee RESOLVED to revoke the licensee’s Private Hire/Hackney Carriage Driver’s 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 her Disclosure and Barring Service Certificate and failed to comply with a reasonable request of an officer with delegated authority. 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.

Preliminary issue

The licensee did not attend and the committee had no explanation as to why she had not attended. Members were satisfied that notice of the hearing and reports pack had been sent to the licensee at her last known address. Members were satisfied that the licensee had been sent letters in January and June informing her of the requirements of the DBS Check and warning her that failure to comply would result in a referral to the Committee. The Senior Public Protection Officer confirmed that he had received no contact from the licensee in relation to the DBS Check or committee hearing. Having considered this information and weighed it in the balance, Members were satisfied that it was in the interests of public protection to proceed to determine this matter, the licensee having been given adequate warning of the potential consequences and referral to LSC.

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

Members noted:

  i.  That the licensee’s licence had been issued on 1 March 2016 subject to “a satisfactory DBS Check”.

  ii.  The Council’s Policy on Hackney Carriage and Private Hire Licensing Standards States; “that all holders of a combined Hackney Carriage/Private Hire drivers licences will be subject to an Enhanced Disclosure & Barring Service check every three years from the date of the first licence issued”. In line with this, the licensee was sent a letter to her last known address in January 2018 by the Taxi Licensing team informing her that the DBS check was due and that she needed to make an appointment for that purpose by 31 March 2018. No response was received from the licensee.

  iii.  The licensee was sent a further letter by the Taxi Licensing team on 12 June 2018 enclosing a copy of the letter dated January 2018 and noting that she had not made contact to arrange the necessary DBS Check. She was asked to contact the Taxi Licensing office within 7 days of the date of the letter to avoid formal action. She was made aware that there would be no further reminders and failure to make contact would result in a referral to the Licensing Sub-Committee. 

  iv.  The licensee had failed to make contact with the Taxi Licensing team following the above-mentioned letters.

  v.  The licensee had failed to attend the LSC hearing today and there was no information regarding her 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 reasons indicated above and in the absence of the DBS Certificate Members could not be satisfied that the licensee continued to be fit and proper.

Accordingly members resolved to revoke the licensee’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.