Reporting Person – Matthew Cobb
Minutes:
The Sub-Committee received a report which requested that a decision be made as to whether Mr A should continue to be permitted to hold a Hackney Carriage Licence, under the Local Government (Miscellaneous Provisions) Act 1976, following the accrual of in excess of 12 Penalty Points under the Council’s Penalty Points Scheme. Mr A attended the meeting together with, by video conferencing, his Solicitor Mr Schiller.
All parties present had a copy of the Licensing Committee’s agreed procedure to be followed at Taxi Licensing Sub-Committee hearings. The Chairman introduced the Sub-Committee to those present and explained the procedure and order of speaking that would be followed during the hearing.
The Licensing Authority’s representative outlined the report before the Sub-Committee. Mr A had held a Driver’s Badge since at least 2001 (the earliest date for which records are held). It was stated that his record during that time had not been incident free with a number of issues highlighted which had taken place between 2009 and 2018.
However, the incidents before the Sub-Committee were related to Mr A requesting to change the numberplate on his licenced vehicle on 8 May 2021, to which the Licensing Authority had requested the required supporting documents and reminded him that the vehicle could not be driven until it was correctly licenced. There had been CCTV footage of Mr A’s vehicle seemingly being operated as a Hackney Carriage vehicle in the Town Centre with the replacement numberplate on 7 May 2021. When Mr A was contacted, he had stated that he was picking up a neighbour, which did not correlate with the four times the CCTV footage had shown him arriving and leaving over a two hour period. A total of 12 penalty points had been awarded for each incident – using an unlicensed vehicle for hire/reward work and using a vehicle without valid or adequate insurance. With the number of points awarded totalling 24, the decision had been made refer the matter to the Sub-Committee.
Following questions by Mr Schiller, the technicality of a vehicle being licenced until the expiry of the licence or being unlicenced by the Council was noted. This could be interpreted as the vehicle was licenced but with the incorrect licence plate on display. The insurance on the underlying vehicle would also remain valid.
Following questions by Members of the Sub-Committee it was noted that the replacement numberplate was a cherished family plate and that no further changes were made to the vehicle.
The Chairman gave Mr A the opportunity to address the Sub-Committee.
Mr Schiller stated that there was a question over whether the penalty points should have been issued in light of the underlying vehicle remaining licenced and the insurance being valid during the time of the change of the registration number.
No parties present had any questions for Mr A or his Solicitor.
The Chairman gave those parties present the opportunity to make closing statements.
Mr Cobb advised that the Sub-Committee that in light of the evidence provided at the hearing, the Licensing Authority would need to look further into the situation and, in light of that, advised the Sub-Committee that it would be appropriate to withdraw the award of the 24 penalty points allocated to Mr A.
Mr Schiller thanked Mr Cobb for his advice to the Sub-Committee and urged the Sub-Committee not to take any further action against Mr A.
The Chairman reported that the Sub-Committee would determine the matter without an adjournment. In making the decision, the Sub-Committee had taken into account the written representations before it, the oral statements made at the hearing and the Council’s Penalty Points Scheme. The Sub-Committee cancelled the issue of the penalty points notice to the licensee.
RESOLVED
That the issue of the 24 penalty points to the licence held by Mr A would be cancelled.