Agenda and minutes

Members to declare any interests in matters to be discussed at the meeting.

Apologies were received from Councillors W Gill, Z Hussain, O Jones and K Singh.

Members to declare any interests in matters to be discussed at the meeting.

There were no declarations of interest made.

To confirm the minutes of the meeting held on 20 April 2021 as a correct record.

Resolved that the minutes of the meeting held on 20 April 2021 be confirmed as a correct record.

That the public and press be excluded from the rest of the meeting. This is to avoid the possible disclosure of exempt information under Schedule 12A to the Local Government Act, 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006, relating to the financial and business affairs of any person, including the authority holding that information.

Resolved that the public and press be excluded from the rest of the meeting to avoid the possible disclosure of exempt information under Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order, 2006, relating to any individual and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

To consider Local Government (Miscellaneous Provisions) Act 1076 - Private Hire Driver's/Vehicles/Operator's Licensing related matters.

Matters Delegated to the Sub Committee to consider Local Government (Miscellaneous Provisions) Act 1976 – Private Hire Driver’s/Vehicles/Operators Licensing related matters

26/21         Application for the Review of a Dual Private Hire and Hackney Carriage Driver’s Licence in respect of Mr A K

Members considered an application for the review of a Dual Private Hire and Hackney Carriage Driver’s Licence in respect of Mr A K.

Mr A K was in attendance and had not previously appeared before the Licensing Sub Committee.

The Sub Committee was advised that Mr A K had been referred  following a complaint received regarding driver conduct and behaviour whilst licensed with Wolverhampton City which related to the refusal to carry a guide/assistant dog in early September 2019.

Mr A K had been informed in November 2019 that his Wolverhampton City Council private hire vehicle licence was under review following the incident, and the decision was taken to revoke his licence. Mr A K had informed Sandwell Licensing Office in early December 2019 of his revocation. Mr A K had subsequently been convicted at Birmingham Magistrates in mid-October 2020 and had failed to report this conviction within 7 days as was a condition of his licence.

It was also reported that Mr A K had not supplied the Licensing Officer with the necessary medical assessment required by drivers. Mr A K stated that he had supplied Sandwell Hospital with the necessary documentation and the Licensing Officer undertook to follow this up.

With regard to the incident, Mr A K explained that the guide dog entering the vehicle had surprised him. During his childhood he had been attacked by a dog. A medical statement in support of the claim was circulated.

Mr A K did not have a Medical Exemption from any Local Authority excusing him from carrying guide dogs. Mr A K stated that he had no issue with dogs and had carried them previously in his vehicle. On the occasion of the incident however Mr A K argued that the manner in which the guide dog entered the car had startled him.

The Sub Committee took advice from its Legal Advisor before adjourning to make a decision on the application.

The Sub Committee was minded to revoke Mr A K’s Dual Private Hire and Hackney Carriage Driver’s Licence. The starting point of the Sub Committee was Council policy; refusing the fare and not carrying the disabled person accompanied by a guide dog was against that policy. Mr A K had also failed to inform the Licensing Office of his conviction within 7 days as was a requirement of licence.

Resolved that the Dual Private Hire and Hackney Carriage Driver’s Licence in respect of Mr A K be revoked.

In making the decision the Committee had regard to the Local Government (Miscellaneous Provisions) Act 1976, Council Policy and Guidelines, relevant case law and the Human Rights Act 1998.   

Mr A K would be advised of his right to appeal to the Magistrates Court within 21 days of receiving the decision letter.

27/21         Application for the Review of a Dual Private Hire and Hackney Carriage Driver’s Licence in respect  ...  view the full minutes text for item 10.