Agenda item

The Director of Environment and Community Services submitted an exempt report in connection with the review of Hackney Carriage Driver Licence, Ref: 07/25, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed.  The driver, who was in attendance at the meeting, accompanied by his representative, verified his name and address and confirmed he had received a copy of the report and understood its contents. 

 

The Licensing Manager presented a summary of the report outlining that the applicant appeared before Members in relation to a matter affecting his medical suitability to continue as a licensed driver. 

The driver was first licensing with Middlesbrough Council in March 1993, with his current licence renewed in September 2023 for a three-year period.

 

Members were reminded that, as part of it Private Hire and Hackney Carriage Licensing Policy, the Council required all drivers to comply with the DVLA Group 2 Medical Standards.  This was a higher medical standard that than required of drivers of other motor vehicles and was required due to the length of time the driver may spend at the wheel and the responsibility they had for the safety of their passengers and the public.  The imposition of such medical standards was in line with the Department for Transport guidelines and were commonly applied by all other licensing authorities throughout the country.  These medical standards were the same as those applied to drivers of buses and heavy goods vehicles.

 

The report outlined that, on 8 November 2023, the driver contacted the Licensing Office by email to advise that he had been admitted to hospital on 25 October 2023 with a heart problem.  He was seeking information about the possible implications this might have on his Hackney Carriage driver licence.  He also notified Licensing that he had informed the DVLA and that they had advised him that he should refrain from driving for a period of four weeks, in accordance with medical standards.

 

The Principal Licensing Officer contacted the driver to seek clarification of the actual medical condition he was being treated for and provided him with a copy of the DVLA Group 2 Medical Standards and asked him to check with his doctor whether he would still meet the standards.  The driver confirmed his diagnosis.

 

On 6 December 2024, the driver notified Licensing Officers that he had undergone surgery on 4 December to fit a pacemaker and defibrillator.  Officers subsequently assessed the Group 2 Medical Standards which state that an individual must not drive for at least six weeks following a pacemaker implantation and inform the DVLA.  The Standards further state that a defibrillator implant was a permanent bar to Group 2 licensing and that driving must stop permanently.

 

As a result of the above, the Licensing Manager had no alternative other than to suspend the driver’s Hackney Carriage driver licence with immediate effect.  A copy of the relevant correspondence was attached at Appendix 1.

 

On 28 January 2025, the Licensing Manager contacted the driver’s consultant for a professional opinion as to whether he considered the driver to meet the Group 2 standard.  Details of the correspondence were contained within the report, however, it was noted that whilst the driver was legally able to drive with a Group 1 licence, he would never be legally eligible to hold a Group 2 licence.

 

The driver was interviewed by the Licensing Manager on 3 February 2025, when the above information was discussed.  The driver requested that the matter be referred to the Licensing Committee for a review of his licence.

 

The driver confirmed the content of the report as being an accurate representation of the facts and was invited to address the Committee in support of his case.

 

The driver addressed the Committee and responded to questions from Members of the Committee and the Council’s Legal Representative.

 

The driver’s representative also spoke in support of the driver.

 

It was confirmed that there were no further questions and the driver, his representative, and Officers of the Council, other than representatives of the Council’s Legal and Democratic Services teams, withdrew from the meeting whilst the Committee determined the review. 

 

Subsequently, all parties returned, and the Chair announced a summary of the Committee’s decision and highlighted that the driver would receive the full decision and reasons within five working days.

 

ORDERED that Hackney Carriage Driver Licence, Ref No: 07/25, be revoked, with immediate effect, as follows:-

Authority to Act

1.      Under Section 61 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may revoke or suspend a Private Hire/Hackney Carriage Vehicle driver’s licence on the grounds that:

-   Since the grant of the licence the driver had been convicted of an offence involving dishonesty, indecency or violence;

-   Since the grant of the licence the driver had committed an offence or breached the Act or the Town Police Clauses Act 1847;

-   For any other reasonable cause. 

 

2.      Under Section 61(2B) of the Act, if it appeared to be in the interests of public safety, the Committee could decide that the revocation was to have immediate effect.

 

3.        The Committee considered Section 61 of the Act, Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“the Policy”), the report and the representations made by the driver and his supporting representative.

 

Decision

 

4.        After carefully considering all of the information the Licensing Committee decided to revoke the driver’s Hackney Carriage Vehicle driver’s licence on the grounds of any other reasonable cause.  It decided that the revocation was to have immediate effect in the interests of public safety under section 61(2B) of the Act. 

 

Reasons

 

5.        The Policy made clear that all drivers were required to comply with the DVLA Group 2 Medical Standards.  This was a higher medical standard than that required of drivers of other motor vehicles and was required due to the length of time the driver may spend at the wheel and the responsibility they had for the safety of their passengers and the public.

 

6.        If the Council was not satisfied as to the medical fitness of an existing licensed Hackney Carriage or Private Hire driver, there may be reasonable cause to suspend, revoke or refuse to renew the licence under Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

 

7.        On 8 November 2023, the driver contacted Licensing Officers informing them that, on 25 October 2023, he had been admitted into hospital with a heart problem and was seeking information about the possible implications concerning his Hackney Carriage driver licence.  The driver’s DVLA licence was suspended shortly after in January 2024.

 

8.        On 6 December 2024 Licensing Officers were contacted by the driver who informed them that he had undergone surgery on 4 December 2024 to fit a pacemaker and defibrillator.

 

9.        Upon receipt of this information, Licensing Officers assessed the DVLA Group 2 Medical Standards to establish whether the driver would still be able to meet such standards in view of the medical procedures that he had undergone.

 

10.     Officers determined that due to the driver’s operation, including the insertion of an implantable cardioverter defibrillator (ICD), he no longer met the DVLA Group 2 Medical Standards.  ICD implantation is a permanent bar to Group 2 licensing.

 

11.     The Licensing Manager felt he had no alternative but to suspend the driver’s licence with immediate effect.

 

12.     On 28 January 2025, at the request of the driver, the Licensing Manager sent an email to the secretary of the driver’s consultant to request clarification of the driver’s fitness to drive DVLA Group 2 vehicles.  A response was received the following day, where the doctor confirmed that the driver did not meet the Group 2 standards, therefore, the decision was made not to reinstate the driver’s licence.

13.     At the Committee hearing, the driver explained that he felt physically fit and was back driving his personal vehicle.  The driver further stated that if he had known that the implantation of the ICD would have prevented him from driving, he would not have agreed to the procedure.

 

14.     The Committee considered the Policy, specifically the section on ‘medical assessment’ and further considered the DVLA Group 2 Medical Standards.

 

15.     Whilst the Committee was sympathetic towards the driver and commended him for his impeccable record, it felt, based on the evidence presented, there were no compelling, clear, good or exceptional reasons to depart from the Policy.

 

16.     The Policy was clear that the Council required its drivers to be medically fit to the Group 2 driver standards and it was confirmed that the driver did not meet that standard.  The Committee was, therefore, not satisfied of the driver’s medical fitness.

 

17.     Public safety was of paramount concern and the Committee felt that by being unable to satisfy the DVLA Group 2 Medical Standards, the risk to the public was very real.  Should the driver continue to be able to drive a taxi, the public would be put at genuine risk, therefore, the decision was made to revoke the licence with immediate effect.

 

18.     If the driver was aggrieved by the decision he may appeal to a Magistrates Court within 21 days from the date of the notice of the decision.  The local magistrates for the area was the Teesside Justice Centre, Teesside Magistrates, Victoria Square, Middlesbrough.

 

19.     If the driver did appeal the decision and the appeal was dismissed by the Magistrates Court, the Council would claim its costs in defending its decision from the driver which could be in the region of £1,000.