Stockton-on-Tees Borough Council

Big plans, bright future

Licensing Committee (ceased to operate 10/04/2017) Minutes

Date:
Tuesday, 23rd September, 2014
Time:
10.00am
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AJ
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton(Chairman), Cllr Mrs Kathryn Nelson(Vice-Chairman), Cllr Michael Clark, Cllr Evaline Cunningham, Cllr Phillip Dennis, Cllr Ken Dixon, Cllr Eileen Johnson, Cllr Ray McCall, Cllr David Wilburn
Officers:
J Jones, L Maloney, Simon Mills(DNS) A Pilgrim, S Whaley(LD)
In Attendance:
Applicant - Ref 112026 and his representative Mr M Vaines
Apologies for absence:
Cllr Jean Kirby, Cllr Miss Tina Large, Cllr Alan Lewis,Cllr Maurice Perry, Cllr Bill Woodhead
Item Description Decision
Public
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51/14
EVACUATION PROCEDURE
 
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DECLARATIONS OF INTEREST
 
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MINUTES FROM THE LICENSING COMMITTEE MEETING WHICH WAS HELD ON THE 1ST JULY 2014.
RESOLVED that the minutes be approved and signed as a correct record.
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MINUTES FROM THE LICENSING SUB COMMITTEE WHICH WERE HELD ON THE 8TH AND 15TH JULY 2014.
RESOLVED that the minutes be approved and signed as a correct record.
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EXCLUSION OF THE PUBLIC
RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.
Confidential
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HACKNEY CARRIAGE DRIVER - REF 001413
  • Report
  • |
    Additional Report
RESOLVED that Hackney Carriage Driver - Ref 001413 licence remain suspended until he has sat the hackney carriage knowledge test as directed by the Licensing Committee and as detailed above.
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57/14
HACKNEY CARRIAGE DRIVER - REF 000908
  • Report
  • |
    Additional Report
RESOLVED that Hackney Carriage Driver - Ref 001413 licence remain suspended until he has sat the hackney carriage knowledge test as directed by the Licensing Committee and as detailed above.
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APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - REF 112026
  • Application for a Private Hire Drivers Licence - Ref 112026
RESOLVED that Applicant - Ref 112026 be granted his Private Hire Drivers Licence subject to completion of the Council's Driver Improvement Course at his own expense, before the issue of his Private Hire Drivers Licence and Badges.
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PRIVATE HIRE DRIVER - REF 122994
  • Private Hire Driver - Ref 122994
RESOLVED that Private Hire Driver - Ref 122994 licence be revoked.
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PRIVATE HIRE & HACKNEY CARRIAGE DRIVER - REF 066174
  • Private Hire & Hackney Carriage Driver - Ref 066174
RESOLVED that Private Hire & Hackney Carriage Driver - Ref 066174 licence be revoked.
10:00am

Preamble

ItemPreamble
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The Evacuation procedure was noted.
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There were no declarations of interest.
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Consideration was given to the minutes from the meeting which was held on the 1st July 2014 for approval and signature.
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Consideration was given to the minutes from the Licensing Sub Committee meetings which were held on the 8th July and 15th July 2014 for approval and signature.
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Members were asked to consider a report to determine the fitness of Hackney Carriage Driver - Ref 001413 who had appeared before this Committee in November 2013 after he was found standing for hire other than on a designated rank in Yarm High Street. At this time members resolved to issue Hackney Carriage Driver - Ref 001413 with a written warning and he was also required to undertake the hackney carriage driver knowledge test at his own expense but he had failed to do so.

The report was due to be heard on Thursday 17 April 2014 but due to lack of time at the hearing it was not possible to hear the item. Correspondence then took place between Mr Nertney and Hackney Carriage Driver - Ref 001413's representative Mr Allanson in an attempt to prevent the matter coming back before this Committee. Mr Allanson had now confirmed, on behalf of his client, that Hackney Carriage Driver - Ref 001413 did not wish to undertake the test as instructed by the Licensing Committee.

Members noted that Mr Allanson, Hackney Carriage Driver - Ref 001413's Solicitor had sent a letter dated 19 September 2014 of which the Committee had regard to the contents of that letter. The Committee were not minded to adjourn consideration of the report and proceeded to hear the matter in the absence of Hackney Carriage Driver - Ref 001413.

The Committee noted that on receipt of the letter from Mr Allanson Hackney Carriage Driver - Ref 001413 had been written to by Licensing Officers and advised that he should still attend at the meeting of the Licensing Committee. Despite the request to attend, Hackney Carriage Driver - Ref 001413 was not in attendance at the meeting held on 12 August or the meeting on 23 September 2014.

The Committee noted the previous report from 12 August 2014 and the report dated 23 September 2014. The Committee also noted that the decision letter from the meeting of 12 August had been delivered by recorded delivery post to Hackney Carriage Driver - Ref 001413 and he had signed for receipt of that letter on 16 August 2014. Licensing Officers had received no direct contact from Hackney Carriage Driver - Ref 001413 and he had made no arrangements to sit the test despite being advised in the decision letter that he was being given one final opportunity.

Members noted that Hackney Carriage Driver - Ref 001413 had still failed to comply with the decision of the Licensing Committee following his appearance before the Licensing Committee on 27 November 2013. Despite numerous opportunities been given, Hackney Carriage Driver - Ref 001413 had still failed to contact officers and make arrangements to sit the hackney carriage knowledge test.

The Committee noted that on several occasions Hackney Carriage Driver - Ref 001413 had been advised that he was only required to sit the part of the knowledge test relating to legislation which included the byelaws and driver conduct. Hackney Carriage Driver - Ref 001413 was advised that the test was multiple choice and he was provided with a copy of the guidance booklet. The guidance booklet was provided to all applicants for drivers licences and the Committee expected that all licensed drivers should have an understanding and knowledge of its contents. Hackney Carriage Driver - Ref 001413 was advised that he would only need to read the relevant parts of the guidance booklet relating to legislation which included the byelaws and driver conduct. The Committee noted that Mr Allanson's letter of 19 September 2014 had confirmed that Hackney Carriage Driver - Ref 001413 had read the byelaws and the documents given to him by Mr Mills and that would hopefully close any knowledge gaps. The Committee felt that if that was the case then there should be even less reluctance for Hackney Carriage Driver - Ref 001413 to sit the knowledge test as he had already studied for it which had previously been one of his reasons for refusing to sit the test.

The Committee considered the report, appendices and the recent correspondence that had been received from Mr Allanson. The Committee noted their previous findings as detailed in the decision letter dated 13 August 2014 and they endorsed those findings and reached the following conclusions:-

• There were no grounds to persuade them to review or depart from the decision reached by them on 27 November 2013 and in particular that Hackney Carriage Driver - Ref 001413 should sit the relevant parts of the multiple choice knowledge test as previously directed by the Committee;

• The Committee were satisfied that their decision was reasonable and proportionate and even more so given that in April 2014 clarification had been provided to Hackney Carriage Driver - Ref 001413 that he was only required to sit the part of the knowledge test relating to legislation which included the Byelaws and driver conduct;

• Hackney Carriage Driver - Ref 001413 had shown an uncooperative attitude toward the Committee decision as evidenced by the fact that he had failed on two occasions to sit the arranged date for the test. Hackney Carriage Driver - Ref 001413 had been given one final opportunity to sit the test following the Committee meeting on 12 August 2014 yet had failed to comply. Furthermore almost 10 months had now elapsed since the Committee decision. Since that time Hackney Carriage Driver - Ref 001413 had failed to comply with the Committees reasonable and straightforward decision;

• The Committee remained of the view that Hackney Carriage Driver - Ref 001413's actions in failing to attend Committee despite being invited to do so and his failure to comply with the direction of the Committee to sit the test led them to conclude that Hackney Carriage Driver - Ref 001413 was deliberately holding the Committee and their decision in contempt;

• Failing to comply with the decision of the Committee and failing to attend at the Committee meeting arranged to consider the matter were of extreme concern to Members and called into question a drivers fitness to hold a licence. It was not fit and proper behaviour for a licensed driver to fail to comply with a reasonable and straightforward decision of the Committee. The Committee noted that Hackney Carriage Driver - Ref 001413 had legal representation in Mr Allanson who had previously argued that Hackney Carriage Driver - Ref 001413 had a right of appeal to the Crown Court but he had failed to pursue such an appeal. Since the meeting in November 2013 Hackney Carriage Driver - Ref 001413 had effectively refused to comply with the decision of the Committee;

• Despite being directed by the Committee and notified in writing Hackney Carriage Driver - Ref 001413 had not contacted Council Officers to make arrangements to sit the test. Furthermore Hackney Carriage Driver - Ref 001413 had not been proactive in any way in making contact with Council Officers;

• Hackney Carriage Driver - Ref 001413 had been warned under cover of letter dated 13 August 2014 that the Committee would give consideration to suspending his licence yet he had failed to attend at the next Committee meeting despite been advised that he should do so;

After making the above findings the Committee resolved that there was sufficient ‘reasonable cause' under the provisions of Section 61(1)(b) of the above mentioned legislation to suspend Hackney Carriage Driver - Ref 001413's licence to drive hackney carriage and private hire vehicles. Due to the fact that Hackney Carriage Driver - Ref 001413 had failed to comply with the decision of the Licensing Committee he was informed that under the provision of Section 61(2B) and in the interest of public safety this suspension should have immediate effect and Hackney Carriage Driver - Ref 001413 was therefore no longer authorised to drive such vehicles with immediate effect.

Hackney Carriage Driver - Ref 001413's licence would remain suspended until he had sat the hackney carriage knowledge test as directed by the Licensing Committee the format of which had been clarified to Hackney Carriage Driver - Ref 001413 and his legal advisor on several occasions. On completion of the test it would be determined whether to remove the suspension or refer the matter to the Council's Licensing Committee. In order to keep the period of Hackney Carriage Driver - Ref 001413's suspension to a minimum he was advised to contact the Licensing Office as soon as possible so that the necessary arrangements could be made for him to sit the test as directed by the Committee.

In reaching their decision to suspend Hackney Carriage Driver - Ref 001413's licence the Committee gave consideration to relevant case law on this issue and in particular the case of Leeds City Council v Hussain which was heard in the High Court in 2002. That case contained a number of relevant principles one of which was that the impact of the suspension on his livelihood and the absence of compensation were not relevant considerations to be taken into account when deciding whether there was a "reasonable cause" to suspend his licence.
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Members were asked to consider a report to determine the fitness of Hackney Carriage Driver - Ref 000908 who had appeared before this Committee in November 2013 after he was found standing for hire other than on a designated rank in Yarm High Street. At this time members resolved to issue Hackney Carriage Driver - Ref 000908 with a written warning and he was also required to undertake the hackney carriage driver knowledge test at his own expense but he had failed to do so.

The report was due to be heard on Thursday 17 April 2014 but due to lack of time at the hearing it was not possible to hear the item. Correspondence then took place between Mr Nertney and Hackney Carriage Driver - Ref 000908's representative Mr Allanson in an attempt to prevent the matter coming back before this Committee. Mr Allanson had now confirmed, on behalf of his client, that Hackney Carriage Driver - Ref 000908 did not wish to undertake the test as instructed by the Licensing Committee.

It was noted that Mr Allanson, Hackney Carriage Driver - Ref 000908's Solicitor, had sent a letter dated 19 September 2014 to which the Committee had regard to the contents of that letter. The Committee were not minded to adjourn consideration of the report and proceeded to hear the matter in the absence of Hackney Carriage Driver - Ref 000908. The Committee noted that on receipt of the letter from Mr Allanson, Hackney Carriage Driver - Ref 000908 had been written to by Licensing Officers and advised that he should still attend at the meeting of the Licensing Committee. Despite been requested to attend Hackney Carriage Driver - Ref 000908 was not in attendance at the meeting held on 12 August or the meeting on 23 September 2014.

Members noted the previous report from 12 August 2014 and the report dated 23 September 2014. Members also noted that the decision letter from the meeting of 12 August had been delivered by recorded delivery post to Hackney Carriage Driver - Ref 000908 and he had signed for receipt of that letter on 16 August 2014. Licensing Officers had received no direct contact from Hackney Carriage Driver - Ref 000908 and he had made no arrangements to sit the test despite being advised in the decision letter that you were being given one final opportunity.

The Committee noted that Hackney Carriage Driver - Ref 000908 had still failed to comply with the decision of the Licensing Committee following his appearance before the Licensing Committee on 27 November 2013. Despite the numerous opportunities which had been given to Hackney Carriage Driver - Ref 000908 he had still failed to contact officers and make arrangements to sit the hackney carriage knowledge test. The Committee noted that on several occasions Hackney Carriage Driver - Ref 000908 had been advised that he was only required to sit the part of the knowledge test relating to legislation which included the byelaws and driver conduct. Hackney Carriage Driver - Ref 000908 was advised that the test was multiple choice and he was provided with a copy of the guidance booklet. The guidance booklet was provided to all applicants for drivers licences and the Committee expected that all licensed drivers should have an understanding and knowledge of its contents. Hackney Carriage Driver - Ref 000908 was advised that he would only need to read the relevant parts of the guidance booklet relating to legislation which included the byelaws and driver conduct. The Committee noted that Mr Allanson's letter of 19 September 2014 had confirmed that Hackney Carriage Driver - Ref 000908 had read the byelaws and the documents given to him by Mr Mills and that would hopefully close any knowledge gaps. If that was the case then there should be even less reluctance for Hackney Carriage Driver - Ref 000908 to sit the knowledge test as he had already studied for it which had previously been one of your reasons for refusing to sit the test.

The Committee considered the report, appendices and the recent correspondence that had been received from Mr Allanson. The Committee noted their previous findings as detailed in the decision letter dated 13 August 2014 and they endorsed those findings and reached the following conclusions:-

• There were no grounds to persuade them to review or depart from the decision reached by them on 27 November 2013 and in particular that Hackney Carriage Driver - Ref 000908 should sit the relevant parts of the multiple choice knowledge test as previously directed by the Committee;

• The Committee were satisfied that their decision was reasonable and proportionate and even more so given that in April 2014 clarification had been provided to Hackney Carriage Driver - Ref 000908 that he was only required to sit the part of the knowledge test relating to legislation which included the Byelaws and driver conduct;

• Hackney Carriage Driver - Ref 000908 had shown an uncooperative attitude toward the Committee decision as evidenced by the fact that he had failed on two occasions to sit the arranged date for the test. Hackney Carriage Driver - Ref 000908 had been given one final opportunity to sit the test following the Committee meeting on 12 August 2014 yet had failed to comply. Furthermore almost 10 months had now elapsed since the Committee decision. Since that time Hackney Carriage Driver - Ref 000908 had failed to comply with the Committees reasonable and straightforward decision;

• The Committee remained of the view that Hackney Carriage Driver - Ref 000908's actions in failing to attend Committee despite being invited to do so and his failure to comply with the direction of the Committee to sit the test led them to conclude that he was deliberately holding the Committee and their decision in contempt;

• Failing to comply with the decision of the Committee and failing to attend at the Committee meeting arranged to consider that matter were of extreme concern to the Committee and called into question a drivers fitness to hold a licence. It was not fit and proper behaviour for a licensed driver to fail to comply with a reasonable and straightforward decision of the Committee. The Committee noted that Hackney Carriage Driver - Ref 000908 had legal representation in Mr Allanson who had previously argued that Hackney Carriage Driver - Ref 000908 had a right of appeal to the Crown Court but had failed to pursue such an appeal. Since the meeting in November 2013 Hackney Carriage Driver - Ref 000908 had effectively refused to comply with the decision of the Committee;

• Despite being directed by the Committee and notified in writing, Hackney Carriage Driver - Ref 000908 had not contacted Council Officers to make arrangements to sit the test. Furthermore Hackney Carriage Driver - Ref 000908 had not been proactive in any way in making contact with Council Officers;

• Hackney Carriage Driver - Ref 000908 had been warned under cover of letter dated 13 August 2014 that the Committee would give consideration to suspending his licence yet he had failed to attend at the next Committee meeting despite been advised that he should do so;

After making the above findings the Committee resolved that there was sufficient ‘reasonable cause' under the provisions of Section 61(1)(b) of the above mentioned legislation to suspend Hackney Carriage Driver - Ref 000908's licence to drive hackney carriage and private hire vehicles. Due to the fact that Hackney Carriage Driver - Ref 000908 had failed to comply with the decision of the Licensing Committee he was informed that under the provision of Section 61(2B) and in the interest of public safety this suspension should have immediate effect and Hackney Carriage Driver - Ref 000908 was therefore no longer authorised to drive such vehicles with immediate effect.

Hackney Carriage Driver - Ref 000908's licence would remain suspended until he had sat the hackney carriage knowledge test as directed by the Licensing Committee the format of which had been clarified to him and his legal advisor on several occasions. On completion of the test it would be determined whether to remove the suspension or refer the matter to the Council's Licensing Committee. In order to keep the period of Hackney Carriage Driver - Ref 000908's suspension to a minimum he was advised to contact the Licensing Office as soon as possible so that the necessary arrangements could be made for him to sit the test as directed by the Committee.

In reaching their decision to suspend Hackney Carriage Driver - Ref 000908's licence the Committee gave consideration to relevant case law on this issue and in particular the case of Leeds City Council v Hussain which was heard in the High Court in 2002. That case contained a number of relevant principles one of which was that the impact of the suspension on his livelihood and the absence of compensation were not relevant considerations to be taken into account when deciding whether there was a "reasonable cause" to suspend his licence.
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Members were asked to consider a report to determine a new application for a private hire driver's licence in respect of an applicant who had previously been licensed by this Authority and whose licence was revoked by the Licensing Committee in April 2011.

Members noted that the applicant subsequently re-applied in December 2012 and his application was refused by the Licensing Committee at their meeting in April 2013.

Applicant - Ref 112026 was in attendance at the meeting alongside his representative Mr M Vaines. They had been provided with a copy of the report prior to the meeting and given the opportunity to make representation.

The report detailed:

- Details of Applicant -Ref 112026's background

- Applicant -Ref 112026 application for a Private Hire Drivers Licence

- Licensing Committee minutes from a previous meeting which was held on the 12th April 2011.

- A copy of a decision letter dated 13th April 2011 addressed to Applicant - Ref 112026

- Licensing Committee minutes from a previous meeting which was held on the 16th April 2013.

- A copy of a decision letter dated 22nd April 2013 addressed to Applicant - Ref 112026.

- A copy of a letter addressed to Applicant - Ref 112026 advising him that his application had been referred to the Licensing Committee.

Members were respectfully reminded that under the provisions of section 51(1)(a) of the Local Government (Miscellaneous Provision) Act 1976, District Councils were instructed not to grant a licence to drive private hire vehicles, unless they were satisfied that the applicant was a fit and proper person to hold such a licence.

Members considered all of the evidence including the report, appendices and oral evidence given. The role of the Committee was to determine whether Applicant - Ref 112026 was a fit and proper person to be granted a Private Hire Drivers Licence.

Members were particularly concerned with regard to the matters that led to the revocation of Applicant Ref - 112026's previous licence in April 2011, especially with regard to his careless and extremely dangerous driving and the dishonesty he exhibited in presenting a forged document from a university tutor as a character reference.

It was noted that Applicant - Ref 112026 had re-applied for a driver's licence in December 2012 and that this was refused after Members resolved that he was not, at that time, a fit and proper person to hold a licence. Members were not minded to depart from policy guidelines in dishonesty cases where the applicant would need to show three years free from conviction, caution or reprimand and Applicant - Ref 112026 was advised to wait until April 2014 before submitting another application. Even then there was no guarantee that Applicant - Ref 112026 would be considered a fit and proper person.

Members were mindful of Applicants - Ref 112026's remorse with regard to his previous behaviour. Applicant - Ref 112026 was apologetic and stated that he had matured having recently married and had learnt a difficult and painful lesson. Members noted that Applicant - Ref 112026 was currently working as a delivery driver for a local takeaway, handling cash regularly. Applicant - Ref 112026 submitted a character reference from his employer. Applicant Ref - 112026 also indicated that, should his application be successful, he had received the offer of a job with Teesside Cars.

Members noted that Applicant - Ref 112026's DBS disclosure revealed no criminal convictions and that he had no further points on his DVLA licence.

Members agreed to put their trust in Applicant - Ref 112026 and approve his application with a written warning as to his future conduct. Applicant - Ref 112026 was made aware that should he behave in a similar manner in the future he would be brought back before the Licensing Committee.

Applicant - Ref 112026 was reminded that the holding of a licence was a privilege not a right and persons who hold a licence are expected to conduct themselves in a manner that does not bring their profession or the Council into disrepute.

Whilst Members were minded to approve Applicant - Ref 112026's application, they also resolved that he should undertake and successfully complete the Council's Driver Improvement Course at his own expense, before the issue of his Private Hire Drivers Licence and Badges.
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Members were asked to consider a report to determine what action to take against a private hire driver following a conviction for harassment of another licensed driver, allegations of harassment towards a further two adults and inappropriate behaviour towards a child.

The Committee were informed that Private Hire Driver - Ref 122994 informed officers on two occasions prior to the hearing that he would not attend the hearing. Members were satisfied that Private Hire Driver - Ref 122994 was aware of the hearing date and that he had been duly invited. Members resolved to hear the item in Private Hire Driver - Ref 122994's absence.

The report detailed:

- Details of Private Hire Driver -Ref 122994's background and details relating to the incidents which had brought this matter to the Licensing Committee.

- Copies of various statements from fellow Taxi Drivers and Stockton Borough Council Employees.

- A copy of a booking listing.

- A copy of a transcript between Private Hire Driver - Ref 122994 and Licensing Officers of Stockton Borough Council

- A copy of a letter addressed to Private Hire Driver - Ref 122994, suspending his Private Hire Drivers licence with immediate effect on the 30th May 2014 until consideration of the matter could be heard by the Licensing Committee.

- A formal notification of conviction from Cleveland Police.

Members carefully considered all of the evidence including the report, appendices and oral evidence given. The role of the Committee was to determine what action to take in relation to the allegations which had been made against Private Hire Driver - Ref 122994, and whether he was a fit and proper person to continue as a Private Hire Driver.

Members considered the following allegations made against Private Hire Driver 122994:

1. Allegation of harassment of a private hire driver;

2. Allegation of harassment of another private hire driver, leading to a conviction for harassment on 07 July 2014;

3. Allegation of harassment of a former member of staff in the Education and Transport Department;

4. Inappropriate behaviour towards a child.

The Committee were satisfied, on the balance of probabilities, that the evidence presented was sufficient to persuade them that the allegations against Private Hire Driver - Ref 122994, seriously undermined his fitness to hold a private hire drivers licence. The Committee also noted the disregard for the authority and the disrespect Private Hire Driver - Ref 122994 had shown to officers and members when he had been informed of the Committee process and when invited to attend.

Members were of the view that the conviction for pursuing a course of conduct which amounted to harassment, and to which Private Hire Driver - Ref 122994 pleaded guilty to on 7 July 2014 was, on its own, sufficient reasonable cause, to revoke his licence under the provisions of Section 61(1) (b) of the Local Government (Miscellaneous) Provisions Act 1976. The Committee also resolved that public safety was an issue and the revocation would take immediate effect pursuant to Section 61 (2B) of the said Act.
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Members were asked to consider a report to determine what action to take in relation to a licensed combined hackney carriage and private hire driver who had accumulated 9 DVLA penalty points over 30 months.

Combined Private Hire and Hackney Carriage Driver - Ref 066174 was not in attendance at the meeting, however the Committee were satisfied that he was aware of the hearing date and that he had been duly invited. In the circumstances Members resolved to hear the item in Combined Private Hire and Hackney Carriage Driver - Ref 066174's absence.

The report detailed:

- The latest copy the authority had of Combined Private Hire and Hackney Carriage Driver - Ref 066174's DVLA licence;

- Various letters addressed to Combined Private Hire and Hackney Carriage Driver - Ref 066174 from Stockton Borough Council.

Members carefully considered the evidence presented including the report and appendices; copies of which had been provided to Private Hire and Hackney Carriage Driver - Ref 066174 prior to the meeting.

The Committee deliberated over their decision as to whether Private Hire and Hackney Carriage Driver - Ref 066174 remained a fit and proper person to hold a combined hackney carriage and private hire drivers licence. Members gave weight to the following facts:-

• The Committee noted that Private Hire and Hackney Carriage Driver - Ref 066174 had failed to declare his conviction for speeding which he acquired on 18 June 2013 within 7 days as stipulated under the conditions of your licence;

• The Committee also noted that Private Hire and Hackney Carriage Driver - Ref 066174 had accumulated 9 live penalty points on his licence between June 2013 and December 2013, and that he had been requested to undertake the Driver Improvement Course in December 2013 as a direct result of this. However, on the evidence presented, it was apparent to the Committee that Private Hire and Hackney Carriage Driver - Ref 066174 had made no arrangements to undertake this course and had still not done so at the time of the Committee meeting;

• It was also noted that Private Hire and Hackney Carriage Driver - Ref 066174 had undertaken the Speed Awareness Course in June 2012. Members were mindful of the fact that the National Speed Awareness Scheme was introduced to give offenders who drive in excess of the speed limit the opportunity to attend a driver re-education course on the effects and dangers of speeding. Members gave weight to the fact that if Private Hire and Hackney Carriage Driver - Ref 066174 had not done the course, he would have had 12 penalty points on his DVLA driving licence.

Members were satisfied that, on balance of probability, there was sufficient evidence presented to justify the revocation of Private Hire and Hackney Carriage Driver - Ref 066174's licence under Section 61(1)(b) of The Local Government (Miscellaneous) Provisions Act 1976.

The Committee were satisfied that Private Hire and Hackney Carriage Driver - Ref 066174's driving history and continued disregard of the request to sit the Driver Improvement Course was a very serious cause for concern.

In the interests of public safety, the Committee deemed it necessary to revoke Private Hire and Hackney Carriage Driver - Ref 066174's licence with immediate effect pursuant to Section 61(2B) of The Local Government (Miscellaneous Provisions) Act 1976.

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