Issue - meetings

To determine a review of a Private Hire & Hackney Carriage Driver Licence.

The Senior Licensing and Compliance Officer gave a summary of his report which requested that members determine a review of the applicant’s Private Hire and Hackney Carriage Driver Licence.

In response to various questions from Members, the driver said that he had not attempted to bribe the vehicle technician but had said that the technician could keep the change when he paid a £35 invoice with a £50 note. The driver said that he had not used the vehicle since then but he had been using a vehicle supplied by Happicabs, the operator for whom he drives.

DECISION NOTICE 

The matter before the Panel today is an application for the review of the driver’s joint hackney carriage/PHV driver’s licence reference PH/HC0187. Since the driver is an owner/driver, we may also need to consider vehicle licence reference number  PHV 4109, dependent on our decision today. This is a hybrid hearing with the Panel, our Legal Advisor and the driver in the Council Chamber at London Road and the other parties attending remotely.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the driver, and we have also seen, as has he, the background documents annexed thereto including the list of vehicle defects and the written statements of the vehicle technician involved.  We have had the opportunity of hearing from the driver and have been able to ask him questions. We have also seen some video footage of the car in question prior to today’s hearing. In reaching our decision we have also taken into account national and the Council’s policy and have heard from the Case Officer and the driver. We also understand that the Police have become  involved in this matter since it involves, inter alia, allegations of dishonesty

The facts of the case are simply that on 16 July 2021, Private Hire Vehicle PHV4109 underwent a vehicle compliance test at Takeley Performance Tyres (TPT), which is one of the testing stations on the Council’s approved list. The car was due for a 6 monthly inspection.

The Private Hire vehicle owned by the driver failed its test on 11 items. A list of these items along with the compliance test certificate and photo of the vehicle are included in the bundle before us. TPT contacted the Licensing Team at the time the test was being carried out to advise of the poor condition of the vehicle, and they provided photographic evidence of this. Pictures of the car are in our bundle and a short video of the wheel being tested has also been viewed by us. Furthermore, a member of staff at TPT advised officers that the driver had attempted to bribe him into passing the vehicle with a £20 note, both before and after the test had been carried out. A S9 Witness Statement provided by the member of staff at TPT is among our papers and we accept the truth thereof..

Licensing Officers attempted to  ...  view the full minutes text for item 13