Agenda item

Report of Licensing Officer

The Licensing Officer, Phil Cooper, introduced the report regarding the review of Mr Barry Lewis’ Hackney Carriage Driver’s Licence.  Mr Lewis had held his licence since 2002 but on 10 August 2015 had been convicted of two offences under the Health Act 2006 of smoking in a smoke free place, namely a licensed private hire vehicle.  Members were also advised that since 2008 Mr Lewis had been observed committing this offence on six occasions and details of the convictions were outlined in the background papers.  Two of the offences were dealt with by way of a fixed penalty notice and Mr Lewis was prosecuted and found guilty on each of the other four occasions.

 In view of this, members were advised to consider whether Mr Lewis was a fit and proper person to hold a Hackney Carriage Driver’s Licence.  If the Committee felt Mr Lewis was not a fit and proper person, members had the option to revoke his licence immediately in the interests of public safety.

In a reply to a question from a member, the Officer confirmed that there were no passengers in the vehicle when Mr Lewis was observed smoking.

Mr Lewis was invited to address the Committee.  He told members that he had paid the two fixed penalty fines straightaway, that he no longer smoked in the car and now used E cigarettes as he had been told to give up smoking by the hospital.

When asked by a member why there were six convictions listed in the report with fixed penalty charges, Mr Lewis replied he didn’t know, he could only remember going to court twice.  Mr Lewis said he admitted to two offences and that the other four were all E cigarettes and seen from a distance.  He confirmed that his vehicle was open without a divide between front and rear seats.  Mr Lewis, in reply to a question, suggested that E cigarettes came out in early 2008.  Mr Lewis’ offences related to the period April 2008 to March 2015.

The Chair reiterated to members that all six convictions were for nicotine cigarettes and the Officer reinforced this by adding, that it was a criminal offence to smoke proper cigarettes but not an offence to smoke E cigarettes. Thus each occasion was an offence because real cigarettes not E cigarettes were observed.

One member proposed that if the committee allowed Mr Lewis to keep his licence he should receive a written warning stating that if he was caught again smoking a real cigarette within his vehicle and convicted for the offence, that the Committee would revoke his licence.

It was agreed to have the addition to the recommendation for the licence to be permitted to continue, because the Committee thought that Mr Lewis was a fit and proper person to hold a licence but that he should receive a written warning.

Upon a vote on the amendment, it was (7 for, 1 against)

Upon a vote on the substantive, it was (6 for, 2 against)

RESOLVED THAT, Mr Barry Lewis’ Hackney Carriage driver’s licence be permitted to continue, because the Committee was satisfied that he was a fit and proper person to hold a licence but that he receive a written warning.