LICENSING AND REGULATORY SUB-COMMITTEE NO. 7

   3^RD JULY 2007

Present:

Councillor W S Davies; Chair

Councillors A Crawford, B H Dykes, J Lewis, R Stafford and L T Wood

In Attendance:

Mr K Saxon                           Minute No. 19

Dr D Hallam                          Minute No. 19

Mr S Mellor                            Minute No. 20

Mr M Stanton                        (observer – Minute No. 19)

Mrs C M Jones                     Democratic Services Committee Officer

Mr A C Lee                            Principal Licensing Officer

15        DECLARATIONS OF INTEREST

No Member made any declaration of interest in respect of any item of business on the agenda.

16        MINUTES

RESOLVED:  That the minutes of the meeting of Sub-Committee No. 7 held on 10^th April 2007 be approved as a correct record.

17        CONVICTION OF HOLDER OF HACKNEY CARRIAGE AND PRIVATE HIRE LICENCE

 Following a covert operation in December 2006, a licence-holder, the subject of the report of the Executive Director (Environment and Development) had been convicted of an offence of plying for hire illegally and an offence of not having motor insurance.

 The licence-holder had been convicted in his absence;  subsequent to that he had made a statutory declaration and was now seeking legal advice.

The matter was, therefore, withdrawn from the Sub-Committee.

18        CONVICTION OF HOLDER OF HACKNEY CARRIAGE AND PRIVATE HIRE LICENCE

 Following a covert operation in December 2006, a licence-holder, the subject of the report of the Executive Director (Environment and Development) had been convicted of an offence of plying for hire illegally and an offence of not having motor insurance.

 The licence-holder was not present at the meeting, and the Sub-Committee, in accordance with the Rules of Natural Justice, deferred consideration of the matter until he could be in attendance.

19        CONVICTION OF HOLDER OF HACKNEY CARRIAGE AND PRIVATE HIRE LICENCE

 (Note:  Mr K Saxon and Dr D Hallam joined the meeting at this point in the proceedings.  Mr M Stanton, an observer, also joined the meeting.)

 Mr Saxon, accompanied by Dr D Hallam, was in attendance throughout the Sub-Committee’s consideration of this item.

Following a covert operation in December 2006, Kenneth Saxon, who had held a licence to drive Hackney Carriage and private hire vehicles since July 2004 had been convicted of an offence of plying for hire illegally and an offence of not having motor insurance.

On 15^th December 2006 undercover officers of the Council and the Police approached Mr Saxon who was the driver of a private hire vehicle which was stopped in Welsh Row, Nantwich.  The officers asked Mr Saxon to take them to Crewe Station and he agreed, driving them to Crewe Railway Station.

Mr Saxon had pleaded guilty to the offence of plying for hire without a licence and for the offence of having no insurance.  He had been fined, his licence endorsed with six points and he was ordered to pay costs of £35.

The Sub-Committee was asked to determine what course of action to take in respect of the entitlement of the licence-holder to continue to hold his licence.

Mr Saxon presented his case.  Notwithstanding that he had pleaded guilty, he now stated that he did not accept his guilt and offered reasons for his plea in court.  In addition, a letter from Mr Saxon’s solicitor was tabled at the meeting, from which the Sub-Committee noted a conflict of evidence between that of the Council Officers and the Police and Mr Saxon.  Dr Hallam spoke in support of Mr Saxon.

Mr Saxon was questioned by the Sub-Committee by way of clarification.

Mr Saxon, Dr Hallam and Mr Stanton withdrew from the meeting whilst the Sub-Committee reached its decision. The Committee Officer and the Legal Adviser remained in the meeting.

Following the Sub-Committee’s determination, all rejoined the meeting to be informed of the Sub-Committee’s decision.

RESOLVED:

That Kenneth Saxon’s licence to drive Hackney Carriage and private hire vehicles be suspended for 2 months.

Mr Saxon was advised of his right of appeal to the Magistrates’ Court.

Reasons for the Decision:

The Sub-Committee took into account –

(a)               The Council’s Statement of Policy about Relevant Convictions, in particular, Paragraph 6 which related to the effect of convictions. 

(b)               The report of the Executive Director (Environment & Development).

(c)               Mr Saxon’s letter together with other written and oral evidence provided by him at the meeting.

(d)               The safety of the travelling public.

(Note:  Mr Saxon, Dr Hallam and Mr Stanton withdrew from the meeting at this point in the proceedings.)

20        ALLEGED BREACH OF LICENCE CONDITION BY THE HOLDER OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE

(Note:  Mr Mellor joined the meeting at this point in the proceedings.)

Mr Mellor was in attendance throughout the Sub-Committee’s consideration of this item.

The Sub-Committee considered the report of the Executive Director (Environment and Development) which provided details in respect of Steven Brian Mellor who had held a licence to drive Hackney Carriage and private hire vehicles for approximately 18 years.

A number of conditions were attached to these licences.  Condition 1(b) required licence-holders to be “at all times clean and respectable in your dress and person and to behave in a civil and orderly manner”. Condition 1(a) required the licence-holder to “afford all reasonable assistance with passengers’ luggage”.

The Council had received a complaint from a member of the public who had made allegations about Mr Mellor’s behaviour on 15^th March 2007, which would amount to a breach of conditions 1(a) and 1(b). 

The Sub-Committee was invited to find whether the licence-holder was in breach of conditions 1(a) and 1(b) and, if so found, to determine what course of action to take in respect of the breach of conditions.

Mr Mellor accepted that he had spoken in an inappropriate manner to the complainant, but disputed the language used.  He explained the background to the incident, by way of mitigation.  He was questioned by the Sub-Committee by way of clarification. 

Mr Mellor withdrew from the meeting whilst the Sub-Committee reached its decision. The Committee Officer and Legal Adviser remained in the meeting.

Following the Sub-Committee’s determination, Mr Mellor rejoined the meeting to be informed of the Sub-Committee’s decision.

RESOLVED: (a) That Steven Brian Mellor be reprimanded for his behaviour which constituted a breach of conditions 1(a) and 1(b) of his licences; and

(b) That no further action be taken.

Reasons for the Decision:

The Sub-Committee took into account –

(a)        The conditions attached to licences to drive Hackney Carriage and private hire vehicles.

(b)        The report of the Executive Director (Environment and Development.

(c)        Mitigation offered by Mr Mellor at the meeting, which was accepted by the Sub-Committee.

(d)        Mr Mellor’s previous good record in respect of his licences.

……………………………………….Chair