Minutes:
Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence, from Applicant 062932 who had previously held a combined hackney carriage and private hire driver licence with this authority, and which was revoked via the Councils delegated Decision process.
Applicant 062932 attended the meeting and was given the opportunity to make representation.
Committee papers and reports had been provided to all relevant parties prior to the meeting.
The report detailed the following:
. A copy of Applicant 062932’s application, including a DVLA check code and a current full licence with no endorsements.
. A summary transcript of an interview with Applicant 062932 and Licensing Officers which was held 13 March 2024.
. A copy of an ‘Intention to Revoke’ letter dated 28 February 2023, to Applicant 062932.
. A copy of Applicant 062932’s written comments dated 2 March 2023.
. A copy of a written letter of support for Applicant 062932.
. A copy of the delegated decision and revocation letter to Applicant 062932.
. A copy of an email from Stockon Borough Councils lawyer outlining a summary of a court decision dismissing Applicant 062932’s appeal which stated that Applicant 062932 was not a fit and proper person.
. A copy of the refusal letter to Applicant 062932 from when Applicant 062932 first applied for a licence in 2003.
. A copy of the grant letter to Applicant 062932 from when Applicant 062932 applied for a licence in 2006 as Applicant 062932 was compliant with the Councils transport policy relevance of convictions guidelines.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
The Committee noted that the application was for the grant of an application for a combined hackney carriage and private hire driver licence.
The Committee noted that Applicant 062932’s previous combined licence was revoked in February 2023, due to testing positive for cannabis following a random drug test, conducted whilst Applicant 062932 was working in his licenced vehicle. The Committee heard that it was standard practice for new applications to come before them for determination following a revocation.
The Committee were informed that during an interview with licensing officers, Applicant 062932 advised them that he was a fit and proper person because he was not a drug user. The Committee were told that initially, Applicant 062932 denied to officers that he had taken drugs. The Committee heard that Applicant 062932’s explanation of the circumstances that led to his positive drug test result then changed; Applicant 062932 later admitted to ‘smoking a joint’ on his day off, a few days prior to the positive drugs test result.
The Committee heard that during the interview, Applicant 062932 advised officers that he would not even think of being intoxicated whilst working as a taxi driver and stated that he had previously been a licensed driver for around sixteen years and had never been in trouble before.
The Committee heard that Applicant 062932 had exercised his right to appeal against the revocation to Teesside Magistrates’ Court, and that the appeal was heard on 1st August 2023. The Committee were advised that the Court dismissed Applicant 062932’s appeal; stating that they did not consider Applicant 062932 to be a fit and proper person, and that he had compounded his behaviour by lying to officers when he denied the use of cannabis, despite the initial screening test indicating a positive result.
The Committee questioned Applicant 062932 on his stance that he had never been in trouble before, despite him being previously convicted (pre-2002) of assault, possession of a class B drug, namely cannabis, and soliciting a woman for prostitution. In response to the Committee’s questions, Applicant 062932 stated that beside these matters, he had never been in trouble.
The Committee also heard from Applicant 062932, in response to being asked about driving with drugs in his system, that Applicant 062932 was not, in his view, intoxicated, and that he did not receive any complaints, despite testing positive for cannabis later that evening.
The Committee noted that in response to a question about the drug test conducted, Applicant 062932 stated that he had been drug tested by police many times and had never tested positive.
Members had regard to the Committee papers, which had been circulated prior to the hearing as well as the oral submissions made by the applicant in response to the Committee’s questions.
Having carefully considered the written documentation before them and in reaching their decision, the Members had regard to the provisions of the Local Government (Miscellaneous Provisions) Act 1976. The Committee also had regard to the Council’s Private Hire and Hackney Carriage Licensing Policy 2021 – 2026 (“the Policy”). The Committee noted that under section 51 Local Government (Miscellaneous Provisions) Act 1976, the Committee shall not grant a drivers licence unless they are satisfied that the applicant is a fit and proper person. When determining this matter, the Committee considered this application on its merits.
The Committee Members were not satisfied that they would allow people for whom they care to enter a vehicle with Applicant 062932 due to concerns regarding his explanation of testing positive for cannabis only last year, and his responses to their questioning about the circumstances surrounding this. The Committee found Applicant 062932’s manner to be defensive, and they were concerned at Applicant 062932’s admission that he had been drug tested by police ‘many times’, which seemed unusual to the Committee.
Ultimately, the Committee did not believe that Applicant 062932 was a fit and proper person to hold a combined hackney carriage and private hire vehicle drivers licence. The Committee were unanimously satisfied that Applicant 062932’s application should therefore be refused.
RESOLVED that Applicant 062932's, application for a Combined Hackney Carriage and Private Hire Drivers Licence be refused for the reasons as detailed above.