Decision details

Review of Hackney Carriage and Private Hire Driver's Licence

Decision Maker: Licensing Sub-Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Chairman made introductions and explained the procedure for the hearing, which was agreed to by all parties present.

 

The Licensing Manager introduced a non-public report, marked ‘8’, a copy of which had been circulated concerning a review of the named applicant’s personal licence to drive a Hackney Carriage and Private Hire vehicle in the Poole Zone. Members heard that the Licensing Authority had received a complaint in relation to the named driver regarding a Blue Badge abuse incident as well as an alleged assault on the traffic warden at the scene.

The Licensing Sub-Committee was asked to consider whether the applicant met the fit and proper person criteria for holding a Hackney Carriage and Private Hire vehicle licence.

The named driver attended the hearing and made verbal representations regarding the incident. All parties present at the meeting had the opportunity to ask questions.

 

RESOLVED that:-

The licence of the named driver to drive a Hackney Carriage and/or Private Hire vehicle in the Poole Zone be REVOKED. Members agreed that the named driver was not of ‘fit and proper character’ to hold a licence in accordance with Section 61 of the Local Government Miscellaneous Provisions Act 1976.

 

Reasons for Decisions:

The Sub-Committee decided that on the balance of probabilities, the named driver had knowingly misused the Blue Badge on the date that the complaint was made.

In addition, the named driver had confirmed that he had incorrectly used the Blue Badge on a number of previous occasions, which the Sub-Committee felt, on the balance of probabilities, he had done so knowingly. Finally, regarding the allegations of assault, the Sub-Committee concluded that on the balance of probabilities, the named driver had assaulted the traffic warden,

This, in addition to the Blue Badge abuse, rendered him not of ‘fit and proper character’ to hold a personal licence to drive either a Private Hire vehicle in accordance with Section 61 of the Local Government Miscellaneous Provisions Act 1976.

The named driver was informed of his right to appeal to the Magistrates’ court within 21 days of receiving the decision letter.

 

 

The meeting started at 10.00.

The meeting was adjourned between the following times:

 

11:35 – 12:47

 

13:10 – 13:37

 

14:20 – 15:05

 

15:10 – 15:25

 

16:35 – 18:05

 

Publication date: 05/09/2019

Date of decision: 20/08/2019

Decided at meeting: 20/08/2019 - Licensing Sub-Committee

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