Agenda item

To determine a private hire/hackney carriage driver's licence.

The Enforcement Officer presented his report to the Panel.

It had come to the Council’s attention that Mr Andrew Logan, a holder of a private hire/hackney carriage driver’s licence issued by this Authority, had been imprisoned for 14 months after admitting offences of threatening to damage or destroy property and causing criminal damage following an incident in Bishop’s Stortford on 23 April 2018. Mr Logan had also moved address without notifying the Council within seven days of the move, a breach of the conditions of his licence.

Members considered whether Mr Logan was a ‘fit and proper’ person to hold a private hire/hackney carriage licence as he had been imprisoned for a violent offence. 

            The Chairman read out the decision notice.

Decision Notice

The application before the Panel today is for the suspension or revocation of Mr Logan’s limited joint private hire/hackney carriage licence number PH/HC0970 in accordance with S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The licence is due to expire on 28^th February 2019.

Mr Logan was employed as a mechanic at a Council approved testing station so currently only held a restricted private hire/hackney carriage driver’s licence since  he did not transport members of the public but merely road tested the licensed vehicles, and by law only licensed drivers can drive licensed vehicles.

However, it has recently come to the Council’s attention that Mr Logan has been imprisoned for 14 months after admitting the offences of threatening to damage or destroy property and causing criminal damage following an incident in Bishops Stortford on 23 April 2018. A copy of the news reportage is before us.

Mr Logan rang up his ex-partner at 11.45pm that night telling and told her that he was two minutes away and that he had a knife and that he would ‘burn her out.’   A few hours later he arrived at the driveway of her father’s house where she was staying, and started to beep his horn and flash the lights.   He then attacked the house itself and damaged the front door. When Mr Logan was sentenced he told the recorder that ‘you will be judged too one day’ and swore at him and his former girlfriend.   When he was taken to the cells he continued to shout and punch the walls. As Mr Logan’s licence is limited, he is not required to meet the requirements of paragraphs 5-11 of Appendix A of the Council’s standards for drivers.

Furthermore, according to licensing records Mr Logan was last known to be living at 2 High View, Duton Hill, Dunmow, Essex, CM6 2DY.   However, the newspaper article indicates that Mr Logan was living at an address at Woodfields, Stansted.   Mr Logan appears to have also therefore breached one of the conditions that do apply to a limited licence, as he is required to notify the Council in writing of a change of address within seven days (condition 18a, Appendix G).  

We have read the papers before us and we note Mr Logan is still in custody. It is unlikely that he will be released before his licence expires by effluxion of time: however, we regard his behaviour as being so serious that even though Mr Logan is not licensed to drive passengers, in the interests of the proper protection of the public  we consider that  we have no alternative but to revoke Mr Logan’s  licence with immediate effect under S61 (b) of the 1976 Act as he is no longer a fit and proper person to hold it.

There is a right of appeal against this decision which must be exercised within a period of 21 days.  Mr Logan will receive a letter from the Legal Department explaining this.