Agenda item

Report to follow

The Neighbourhood Enforcement Team (NET) Officer advised Members that SA had indicated that he would not be attending the Meeting for a number of reasons. SA had submitted a statement in his defence which officers and Members had read and noted.

The Neighbourhood Enforcement Team Officer introduced the report and drew attention to the following:

·       That SA has held a licence since 2003, apart from a period 2012-2013

·       That SA made a false statement on his licence application by not declaring his spent convictions, as shown in appendix A. 

·       The Neighbourhood Enforcement Team (NET) received email from PC Quinton that on the 18 February 2020 he stopped SA, as he was smoking in the vehicle. SA was not carrying passengers at this time. He also had no identifying badge on his person. The rear taxi registration plate was not displayed. The vehicle also had problems with its lights.

·       A Fixed Penalty Notice (FPN) for smoking in the vehicle was issued on 4 March 2020, which to date has not been paid. The NET received an email from PC Quinton saying he had witnessed SA smoking in his vehicle again. PC Quinton warned SA that the PSP would consider his conduct if he kept offending.

·       On 24 March 2020, SA was seen smoking in his vehicle and the front plate of his vehicle was expired. On 27 March 2020, PC Quinton made a statement on the offences made by SA, as seen in the report.

·       In April 2020, SA requested a meeting with PC Quinton, who advised that as SA was currently uninsured he could not drive his vehicle away however SA drove the vehicle away, see attached statement.

·       In April 2007 SA was abusive to licensing officers, which resulted in a written warning, letter and officer statement in appendix F.

·       In January 2012 SA appeared at PSP following a Magistrate Court hearing for not having a licence.

·       On 20 December 2018, SA’s licence was suspended for not displaying plates properly.

The recommendation was that the application be refused and other licence revoked.

Following questions from the Committee, the following information was confirmed:

·       SA’s statement refers to an appeal at the Magistrates’ Court, however no decision has yet been made that could be appealed. There has been a previous appeal but it does not relate to the matter in front of Committee today.

·       SA’s statement states that he is being unfairly targeted by the NET because he is a Bristol registered driver. The policy officer confirmed that it is only possible for BCC NET to take action against Bristol registered drivers, but that PCQ as a police officer has the authority to stop any vehicle.

·       SA claims that he did not receive his FPN. The NET officer confirmed that this was sent to SA by hard copy in the post and via email. SA’s latest statement has a copy of the FPN as an attachment, so it is clear it was received. 

The Members then withdrew to make their decision

RESOLVED – (unanimous decision) That the licence application be refused and that the existing vehicle licence be revoked.

The Committee considered these incidents in 2020 and note that SA has a history of offending behaviour. The Committee considered the 2020 incidents to be persistent; in a period of 5 weeks the applicant was observed smoking in his hackney carriage vehicle three times, failed to wear his second badge on two occasions along with other breaches of licence conditions. Further to this he failed to declare convictions on the application form and drove the vehicle away whilst he was unlicensed to do so in full awareness that that this was an offence. 

The Committee determined that SA has shown a pattern of offending behaviour and a disregard for authority, the law and public safety.  The Committee are not satisfied that SA is a fit and proper person to hold a Hackney Carriage Driver’s Licence and determined to refuse the application.  Furthermore, under section 60(1)(b) and (c) of the Local Government (Miscellaneous Provisions) Act 1976 the Committee determined that there is reasonable cause to revoke the Hackney Carriage Vehicle Licence.