The Licensing Officer introduced the report which sought to consider whether the Respondent, who had accumulated a total of 20 (twenty) Swale penalty points on their Swale Borough Council (SBC) Dual Hackney Carriage/Private Hire Drivers Licence, was a ‘fit and proper person’ for the purposes of the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 and in particular whether any further enforcement action should be taken in respect of either licence.

The Licensing Officer drew attention to the additional new evidence that had come forward; a letter addressed to the Respondent informing them of the penalty points, the Respondents prepared statement to the Sub-Committee, an email from the Respondents previous operator confirming the bookings the taxi driver had taken on the day of the offence; and a list of speed and times from the vehicle.

The Licensing Officer detailed the incidents at which the Respondent had accumulated 20 SBC penalty points which were:

• 10 points – driving a hackney carriage without a hackney carriage driver’s licence;
• 10 points – traffic offence of driving the wrong way on a one-way street; and
• 10 points – making a false statement or withholding information from Licensing Officers.

The Chair asked the Respondent to present their case, and they were asked questions.

The Respondent’s representative gave a prepared statement on the reasons for the penalty points.

Members of the Sub-Committee adjourned at 2:18 pm to make their decision.

Members of the Sub-Committee, the Lawyer (Contentious) and the Democratic Services Officer returned to the meeting at 3:04 pm and the decision, attached as Appendix I to these minutes, was announced. 

Resolved:

(1)   That the Respondent’s SBC Dual Hackney Carriage/Private Hire Drivers Licence be revoked.

(2)   That the appeal against the penalty points imposed on 22 June 2023 be dismissed.

The Licensing Officer introduced the report which sought to consider whether the Respondent, who had accumulated a total of 20 (twenty) Swale penalty points on their Swale Borough Council (SBC) Dual Hackney Carriage/Private Hire Drivers Licence, was a ‘fit and proper person’ for the purposes of the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976 and in particular whether any further enforcement action should be taken in respect of either licence.

The Licensing Officer detailed the incidents at which the Respondent had accumulated 20 SBC penalty points which were:

·         10 points – driving a hackney carriage without a hackney carriage driver’s licence;

·         10 points – traffic offence of driving the wrong way on a one-way street; and

·         the Licensing Officer also confirmed that an additional 10 points had since been awarded for making a false statement or withholding information. The period for appeal, as set out in the Council’s policy, was underway and the driver had confirmed he would like the Licensing Sub-Committee to make a determination on the appeal against the imposition of these points. 

The Respondent and representative presented their case.

The Licensing Team Leader informed the Sub-Committee and the Respondent that some late evidence had been shared with the Licensing Team just before the meeting. The Lawyer (Contentious) reviewed the documents and suggested the sub-committee adjourn the meeting so the contents of the evidence could be read carefully by the Respondent.

Members of the Sub-Committee adjourned at 2:21 pm so that the evidence was relevant to the matter being determined and an adjournment of two days was appropriate to allow full consideration of the evidence and for the Respondent to have the opportunity to seek further legal advice if they chose to.

Members of the Sub-Committee returned to the meeting at 3:09 pm.

Resolved: That the meeting be adjourned until 2 pm on Thursday, 6 July 2023.