Minutes:
Further to Minute No. 12/22 (5 September 2022), members considered a review of the Private Hire Drivers Licence in respect of Mr S K.
The Sub Committee heard that following Mr S K’s suspension at Committee on 5 September 2022, he had notified Licensing on 30 September that he had been arrested, a subsequent notification had stated that the arrest had been due to a breach of his non-molestation order, appearing before a magistrate’s court he had pleaded and was found guilty. Mr S K had been sentenced to an electronically monitored curfew for 18 weeks.
The Sub Committee was also informed of a separate incident relating to use of a mobile phone which was currently ongoing.
The Sub Committee was advised by its legal advisor that the decision made on 5 September 2022 following Mr S K’s conviction, had taken into account his previous long record of good conduct and the peculiarities of the incident in question that was related to an ongoing family dispute.
With regard to the most recent charge, Mr S K stated that the use of his mobile phone was solely on his property and he was recording for his own safety.
With regard to the breach of the order, Mr S K stated that he had poured some water onto the ground outside of the house of the person he was involved with in the ongoing family dispute.
Mr S K was advised by the Sub Committee that his actions were detrimental, noting the Sub Committee had previously suspended him and warned him not to make contact with those involved in the ongoing dispute. Mr S K was reminded by the Sub Committee that they were primary concerned with the safety of the public, that drivers upheld the law and were fit and proper to undertake their role.
The Sub Committee was mindful that while Mr S K had been convicted of breaching his non-molestation order following his last appearance at Committee, he had only been charged following the most recent incident and was not convicted.
It was noted that the ongoing issues were related to an ongoing family dispute and there had been no involvement or incident with the public or his vehicle.
The Sub Committee took advice from its legal advisor before adjourning to make a decision on the application.
Having considered all the information before it, the Sub Committee was minded to revoke Mr S K’s licence. The Sub Committee had previously suspended Mr S K’s licence however the repeated offences and alleged offences meant the Sub Committee had concerns about Mr S K’s suitability as a fit and proper person to hold a licence.
Resolved that the Private Hire Driver’s Licence in respect of Mr S K is 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 S K would be advised of his right to appeal to the Magistrates Court within 21 days of receiving the decision letter.