The Licensing Manager to present an application for a new Private Hire Operator.
(Copy Report GD.63/22 herewith)
The Licensing Manager submitted an application from Carlisle 247365 Taxis for a new Private Hire Operator Licence. (GD.63/22) Susan Taylor, Director and Brian Dorrance, Director were in attendance. The Lead Senior Lawyer (Environment and Regulatory) outlined the procedure the Panel would follow. Mrs Taylor and Mr Dorrance confirmed that they had received, read and understood the Licensing Manager's report. The Lead Senior Lawyer (Environment and Regulatory) advised Mrs Taylor and Mr Dorrance that they had the right to be represented but they indicated that they would not be so represented. The Licensing Manager reminded the Panel that they had, on 14 September 2022, resolved to revoke the Private Hire Operator Licence for Mr Philip Taylor for Carlisle 247365 Taxi as he was not a fit and proper person to hold the licence (Report GD 47/22). Mr Taylor and Mr Dorrance were named as Directors of the company Carlisle 247365 on Mr Taylor's revoked licence and Lesley Wood was listed as an employee.
The new application listed six people who would be concerned with the operating of the vehicles and those names included Mr Taylor as an employee, Ms Wood as an employee and Mr Dorrance as a Director. Due to the continued involvement of personnel in the company the application was referred to the Regulatory Panel for determination. The Licensing Manager had discussed the application with Susan Taylor, Director and requested evidence that Mr Taylor had sold his share of the company in order to determine his position and influence. As the Regulatory Panel had determined that Mr Taylor was not a fit and proper person to hold a Private Hire Operator Licence it was relevant that questions were asked and evidence was sought in order for the Licensing Authority to discharge its duty to public safety. Information was also sought on whether bookings were to be operated from Mr Dorrance’s home address in Chapleknowe as this practice was exposed in the previous investigation into the 247365 Operation. The Licensing Manager stated that Private Hire Operator Licences specifically related to the address of the licensed private hire base. The licences were not transferable to individuals or companies. All bookings taken for private hire vehicles must be received through their licensed private hire operating base, which in this case would be the Fisher Street address. Paragraph 4.7 of the Council’s policy covers the Address from which an Operator can operate; all bookings were to be taken through the Fisher Street address and the practice of taking bookings elsewhere was contrary to policy. Mrs Taylor and the Licensing Manager exchanged emails regarding the relevance of the questioning as detailed in Appendix 4. No further evidence had been received from the applicant in support of their application to date.
The application had been brought before the Panel due to the continued involvement of personnel from a company that had the previous Private Hire Operator Licence revoked. The Panel decided to approve the application with the following conditions (subject to attendance by the remaining Directors on the Disability Awareness and Safeguarding Training):
- compliance with the booking records requirements as set out in Section 4.12 of the Carlisle City Council Hackney Carriage and Private Hire Licensing Policy 2022-2027; - the business has to operate from one address (as applied for) and the telephone for the operation must be answered from the registered address only to comply with Section 4.7 of the Carlisle City Council Hackney Carriage and Private Hire Licensing Policy 2022-2027; - the cloud based telephone system which the operator uses must be registered at the application address only.
The Licensing Manager to submit a report a Hackney Carriage Driver.
(Copy Report GD.62/22 herewith)
The Licensing Manager submitted a report detailing the failure by a Hackney Carriage Driver to provide required documents in order to ascertain continued fitness and propriety to hold the Licence (GD.62/22). The Licensing Manager reported that several attempts to contact Mr Jackson, the Hackney Carriage Driver, had been made including letters and telephone calls. Mr Jackson had not responded to the Licensing Office and was not in attendance at the meeting. The Panel noted that Mr Jackson had not communicated with the Licensing Office and agreed to consider the matter in his absence.
The Licensing Manager reported that the Hackney Carriage Driver ('the Driver') had held a Hackney Carriage Driver licence since 2004. His current licence commenced in July 2021 and would expire in July 2024. The Driver had four penalty points on his record for smoking or evidence of smoking in a vehicle. The points were due to expire in February 2024. The Driver's Disclosure and Barring Service (DBS) certificate had been due to be renewed in August 2021, he completed the required form which was countersigned by a Licensing Officer. The required certificate would be sent directly to the Driver and the onus was on him to present it to the Licensing Office. All licence holders were aware that it was their duty to provide the information. The Licensing Office had contacted the Driver on several occasions to request the certificate and, following a review of the licence, it was noted that the Driver had not returned his KYP DVLA mandate that had been sent to him in April 2022 and his medical had also been due in July 2022. The Driver was contacted in August 2922 by telephone followed by a letter requesting the required paperwork by 2 September 2022. On 13 September the Driver was contacted again via telephone but had not been answered and a further voicemail was left for him on 15 September. The Driver made no contact with the Licensing Officer, a further letter was sent to him on 20 September 2022 notifying him that the matter would be considered by the Regulatory Panel.
RESOLVED – That the Regulatory Panel had carefully considered and read evidence in report GD.62/22 and heard from the Council’s Licensing Manager. The application had been brought before the Panel because the Hackney carriage Driver had not provided copies of his DBS Certificate, DVLA Mandate form and GP medical despite several requests from the Licensing Authority to do so. The documents are required to ascertain the Driver’s continued fitness and propriety to hold the Licence. The Panel decided to revoke the Driver’s Hackney Carriage Driving Licence with immediate effect.
The Panel gave the following reasons for the decision: 1. The Panel had a duty of care to the public and must be satisfied that Mr Jackson was a fit and proper person to hold Hackney Carriage Driver’s Licence; 2. The Hackney Carriage Driver had not made any contact with the Licensing Office despite several calls and letters and did not attend the meeting of the Regulatory Panel; 3. The Hackney Carriage Driver failed to meet the requirements of his Hackney Carriage Drivers licence and the Panel were unable to confirm that he remained a fit and proper person to hold the licence; 4. The Panel were concerned that there was a potentially grave risk of harm to fare paying passengers and members of the public. The Hackney Carriage Driver would be informed of the decision in writing along with rights of appeal.
*** This report is not for publication by virtue of Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972 as it contains information relating to any individual. ***
The Licensing Manager to present an application for a new Hackney Carriage Driver licence.
(Copy Report GD.50/22 herewith)
Conservative – Mrs Bowman, Ms Ellis-Williams (Chair), Mrs Mitchell, Meller, Morton, Shepherd, Bainbridge (sub), Mrs Mallinson (sub), J Mallinson (sub) Labour – Alcroft, Sunter, Dr Tickner, Miss Whalen (Vice Chair), Birks (sub) Patrick (sub), Miss Sherriff (sub) Independent and Liberal Democrat - Pickstone, Allison (sub) Independent Member for Stanwix and Houghton - Nedved
Enquiries, requests for reports, background papers etc to: democraticservices@carlisle.gov.uk
Officers: Lead Senior Lawyer (Environment and Regulatory) Licensing Manager Licensing Officer x2