To consider an appeal following the receipt of further information.

SUMMMARY OF THE PROCEEDINGS OF EXEMPT INFORMATION

Members of the Council’s Regulatory Sub-Committee considered the appeal, full details of which appeared before the Members in the report and background papers.

Prior to making their decision the Members heard from Mr Coulson, the licence holder’s legal advisor.

The Sub-Committee was concerned to hear of the appellant’s medical problems and needed to be satisfied as to her suitability to drive private hire or Hackney carriages before returning her licence. It considered, given the evidence before it, the taxi officer panel had acted appropriately. Members were now in receipt of the medical report previously requested and were of the opinion that the appellant was a fit and proper person to hold a Dual Hackney Carriage & Private Hire licence.

Having carefully considered those matters brought before it, the Sub-Committee was of the opinion that the appellants Dual Hackney and Private Hire licence should be reinstated immediately following the receipt of the medical report requested at the previous hearing.

The Sub-Committee noted paragraph 11 of the skeleton argument document presented by the appellant’s legal advisor which stated that:

The Appellant assures the Committee that she will be very careful in the future in all dealings with customers, members of the public and in particular the various authorities she may come into contact with.

This statement was welcomed.

The Sub-Committee requested that two further suitable medical reports be submitted to the Council’s Licensing Team prior to 31 December 2013 and 31 December 2014.

RESOLVED:

THAT the appellant is a fit and proper person and the Dual Hackney Carriage & Private Hire licence should be reinstated immediately subject to the following conditions:

1.         Two further suitable medical reports to be submitted to the Council’s Licensing Team prior to 31 December 2013 and 31 December 2014.

To consider an appeal.

SUMMMARY OF THE PROCEEDINGS OF EXEMPT INFORMATION

The Sub-Committee gave consideration to a recommendation from the Taxi and County Transport Badge Officers Panel that a Hackney carriage/private hire driver’s licence should be revoked. 

The matter had been referred to the Panel because the licence holder wished to appeal about the suspension of her licence. The licence was suspended when the officers were notified by the Police in respect of a caution issued due to the assault of a Police Officer.

Both the licence holder and her legal advisor addressed the Sub-Committee with a detailed account of the incident and the mitigating circumstances which had led to the incident occurring.

After hearing from the licence holder and taking into account the written documentation submitted by the police and contained within the Agenda pack the Sub-Committee was of the opinion that the appellant’s suspension should continue until it received a satisfactory medical report to assure it that the licence holder was fit to continue as a taxi driver. The Sub-Committee was minded to consider her a fit and proper person once a satisfactory report was before it.

The Sub-Committee considered the relevant case law and regulations that were put before it. It did not form a view on the incident of 12 September 2012 since the appellant admitted that the assault took place although the exact circumstances were in dispute.

The Sub-Committee considered it important that the same three members should consider the above medical report as soon after receipt as was practicable in the circumstances.

RESOLVED

THAT the suspension of the Hackney carriage/private hire driver’s licence remains in place until a medical report is received and considered by the Sub-Committee.