Agenda item

CONSIDERATION OF FIT AND PROPER PERSON IN THE ABSENCE OF A VALID DBS CERTIFICATE & FAILURE TO COMPLY WITH REASONABLE REQUEST OF DELEGATED OFFICER – 16/00890/TAXI

Minutes:

The licensee did not attend the hearing or communicate any explanation for non-attendance. The Sub-Committee decided to proceed with the hearing in his 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 his last known address as part of the three-yearly Enhanced Disclosure and Barring Service check and that no communication had been received from him up to the date of the meeting. A copy of the agenda report for today’s hearing sent to him had been returned marked “not known at this address”. 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. He 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 his 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 but the Senior Public Protection Officer had received the letter containing notice of hearing and reports pack returned and marked “not known at this address please amend your records”. Members were satisfied that the licensee had been sent letters in January and June informing him of the requirements of the DBS Check and warning him that failure to comply would result in a referral to the Committee and the Senior Public Protection Officer indicated that these had not been returned saying “not known at this address” as far as he was aware. The Senior Public Protection Officer confirmed that he had received no contact from the licensee in relation to the DBS Check. 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 of failing to comply with the requirement of a DBS check and it being his responsibility under the conditions of his licence to notify the licensing office of any change of address.

 

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 his last known address in January 2018 by the Taxi Licensing team informing him that the DBS check was due and that he needed to make an appointment for that purpose by 31 March 2018. No response was received from the licensee and as far as the Senior Public Protection Officer was aware this letter had not been returned by the postal service as undeliverable.

  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 he had not made contact to arrange the necessary DBS Check. He was asked to contact the Taxi Licensing office within 7 days of the date of the letter to avoid formal action. He 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. As far as the Senior public Protection Officer was aware this letter had not been returned by the postal service as undeliverable.

  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 the notice of hearing and reports pack had been returned marked “not known at this address, please amend your records” however, this was sent to the last known address on the Licensing teams’ records and it is the licensee’s responsibility under the conditions of his licence to notify the licensing team of any change of address for the purposes of important correspondence relating to his licence.

 

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 and the absence of the DBS Certificate Members could not be satisfied that the licensee continued to be fit and proper.

 

Accordingly members resolve 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.

 

24    

CONSIDERATION OF FIT AND PROPER PERSON IN THE ABSENCE OF A VALID DBS CERTIFICATE & FAILURE TO COMPLY WITH REASONABLE REQUEST OF DELEGATED OFFICER – 16/01064/TAXI

 

The licensee did not attend the hearing or communicate any explanation for non-attendance. The Sub-Committee decided to proceed with the hearing in his 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 his last known address as part of the three-yearly Enhanced Disclosure and Barring Service  check and that no communication had been received from him 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. He 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 his 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 he had not attended. Members were satisfied that notice of the hearing and reports pack had been sent to the licensee at his last known address. Members were satisfied that the licensee had been sent letters in January and June informing him of the requirements of the DBS Check and warning him 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 Licensing Sub-Committee.

 

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 his last known address in January 2018 by the Taxi Licensing team informing him that the DBS check was due and that he 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 he had not made contact to arrange the necessary DBS Check. He was asked to contact the Taxi Licensing office within 7 days of the date of the letter to avoid formal action. He 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 has failed to make contact with the Taxi Licensing team following the above-mentioned letters.

  v.  The licensee has 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 reasons indicated above and the absence of the DBS Certificate Members could not be satisfied that the licensee continued to be fit and proper.

 

Accordingly members resolve 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.

 

Supporting documents: