Agenda item

To consider whether action is required in relation to a Private Hire Driver as a result of a Neighbourhood Team investigation.

The Sub-Committee returned to exempt session for this item.

(containing exempt information under Paragraph 1)

The applicant was in attendance with a friend for support.

The Committee considered whether to take action in respect of RA.

Wayne Jones (Neighbourhood Enforcement Officer) presented the report.

The Committee noted the details of this case in the report. It was noted that on two separate occasions RA had been found to have tyres on his Private Hire vehicle below the legal requirement for tyres (1.6 mm) (in 2016 his rear tyres and in 2017 three tyres at an MOT test). This resulted in the vehicle being dangerous for both drivers and passengers.

RA made the following points:

•          RA presented 2 character references on his behalf

•          Following some additional information presented by RA, it was noted that he had carried out no Private Hire Driver work between 19th and 26th November 2017 but that a job was listed as having been carried out on 27th November

•          Immediately before the MOT test in 2017, he had travelled to Aberdeen and, since he had used a different brand of tyres than before, it has used more tread than usual. He was unaware that the tyres had worn down otherwise he would have replaced them

•          He accepted that he should check the tyres more often but this had not been done on purpose

•          He confirmed that he had refused to meet the Enforcement Officer at the site with the vehicle since he was at his girlfriend’s address and did not want this to be revealed. In addition, he had also refused to attend with the car at a street location nearby. However, as soon as he had realised there was a problem, he had not driven the car and had never put anyone else knowingly at risk

Following questioning, the Panel requested that the Appellant withdraw from the meeting to consider their decision. Once both parties returned to the room, the following decision was given to them.

RESOLVED - that the Committee expressed real concern that not only did the Licensee present his vehicle in November 2017 with four bald tyres but also presented it in 2016 with illegal tyres. It was, therefore, not an isolated incident.

Therefore, his conduct was akin to an offence of using a vehicle with defective tyres.  The Committee expressed the view that the licensee was very lucky not to have been prosecuted for this offence and that, if he had, it would have attracted 3 penalty points for each tyre meaning that he may have been disqualified under the totting up procedure.

They also noted that the number of defective tyres places the offence into the category of a major traffic offence under the Council’s policy.

Therefore, the conduct had therefore fallen well below the standards expected of a Private Hire Driver and that the public were put at risk because of the offence.  Whilst the Committee noted that the Licensee stated that he was not aware of the offences, ignorance does not provide an excuse in these cases.

The Committee is no longer satisfied that he is a fit and proper person to hold a Private Hire Driver licence.  Therefore there is “reasonable cause” to revoke the licence on the ground contained in section 61(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.

It was noted that RA has a right of appeal.