Minutes:
The Chair welcomed all parties to the meeting which included the Appellant and his legal representative. The Sub-Committee were asked to give consideration to adjourning the hearing to allow the Appellant’s legal representative an opportunity to review the matter, who submitted that she had only been instructed to represent the Appellant earlier that morning. Furthermore the Appellant stated that he had not received a copy of the paperwork for the hearing.
The Senior Democratic Services Officer informed Members the hearing notice and associated paperwork had been sent in the post on 23rd October 2020. There had been further email correspondence with the Appellant on 2 November and 3 November and a virtual meeting test held on 4 November. No reference was made on any of theses occasions that paperwork for the meeting had not been received.
The Sub-Committee decided that in order to ensure that the Appellant had the opportunity of a fair hearing with representation, the Private Hire Driver Conduct hearing would be adjourned. All parties present agreed that the matter would be re-scheduled for Wednesday 11 November at 12 noon and that a hard copy of the report would be hand delivered to both the Appellant and legal representative later that day.
Resolved – That the Private Hire Driver Conduct hearing 04-19 be adjourned until 11th November at 12 noon.
Adjourned Hearing - 11 November 2020.
The Chair welcomed all parties to the hearing and it was confirmed that all had received a copy of the paperwork.
At the outset of the meeting, the Appellant requested that the hearing be adjourned as his legal representative was ill and unable to attend. The Sub-Committee retired to consider the request and having deliberated, resolved to continue with the meeting given that it had been adjourned on two previous occasions and no evidence was adduced in support of the request for an adjournment.
The Senior Licensing Officer introduced the report and reminded the Sub-Committee that they had to determine whether or not the Appellant was a fit and proper person to hold a private hire driver licence. It was noted that the hearing did not relate to the private hire vehicle licence held by the Appellant.
It was explained that as the report to the Sub-Committee was written for the hearing in March both the driver and vehicle licence had been renewed in the interim.
Details of why the matter had been referred to the Sub-Committee were outlined and related to the Appellant’s submission of personal details to the licensing department. The matter was investigated by the Council’s fraud investigation team, which had led to the Appellant being prosecuted for four counts of fraud against the Council; to which he had pleaded guilty.
The Appellant explained the circumstances relating to his convictions and submitted that his family relied on his income.
The Appellant and Senior Licensing Officer were given the opportunity to provide a short summary, following which they left the meeting.
Having taken into account all the written and verbal information presented, the Sub-Committee -
Resolved – That Appellant Reference 04-19’s Private Hire Driver Licence be revoked.