Agenda item

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a Combined Hackney Carriage and Private Hire Vehicle Driver Licence, Ref: 09/21, 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, accompanied by his wife, was in attendance at the meeting and verified his name and address and confirmed that he had received a copy of the report and understood its contents. 

 

The Licensing Manager presented a summary of the report in relation to the application.  The applicant was previously licensed as a Private Hire Vehicle driver in July 2014, however, his licence was revoked by the Licensing Committee in September 2018 following consideration of 14 penalty points on his licence in relation to three speeding convictions and also a warning issued by an Officer in relation to his driving standards.

 

The applicant now appeared before Members with a fresh application.  He was interviewed by a Licensing Enforcement Officer on 24 September 2021 when he provided explanations in relation to the offences detailed at 1) to 3) in the submitted report and confirmed that there were no other issues of which the Council was unaware.

 

The applicant confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his application.

 

The applicant addressed the Committee in support of the application and responded to questions from Members, the Licensing Manager and the Council’s legal representative.   The applicant’s wife also spoke in support of the applicant.

 

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

 

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

 

ORDERED that the application for a Private Hire Vehicle Driver Licence, Ref 09/21 be granted with a warning in relation to his future conduct.

 

Authority to act

 

1.    Under Section 51 of the Local Government Miscellaneous Provisions Act 1976 (“the Act”) the Committee may decide to grant a private hire vehicle driver’s licence only if it was satisfied the driver was a fit and proper person to be granted such a licence.

2.    The Committee considered Section 51 of the Act, Policy Guidance to Applicants, Licensed Drivers and Members of the Licensing Committee which came into force on 1 November 2019 (“the Policy”), the report and representations made by the applicant.

3.    The application was considered on its own particular facts and on its merits.

 

 

Decision

 

4.    After carefully considering all of the information the Licensing Committee decided to grant the application for a combined hackney carriage and private hire vehicle driver’s licence on the grounds that the Committee was satisfied the applicant was a fit and proper person to be granted the licence.

 

Reasons

 

5.    The Policy stated that if an applicant had a significant history of offences, showing a disregard for safety, or had been disqualified, for example through the totting up process, an application would not normally be considered until their DVLA licence had been restored and conviction free period of at least 12 months to three years, depending on the severity of the risk, had lapsed since the reinstatement of the DVLA Licence.

 

6.    The applicant was convicted of speeding on 30 November 2016, 9 June 2017 and 27 June 2018, which resulted in the applicant having 14 points on his licence. 

 

7.    The applicant no longer had any points on his licence, however, the Committee was concerned that the points were accrued whilst the applicant was a licensed hackney carriage and private hire driver.

 

8.    The applicant confirmed that since having his hackney carriage and private hire driver’s licence revoked he had driven safely over the previous three years and had not received any further motoring penalties.

 

9.    The Committee considered that the applicant had taken responsibility and was remorseful for his actions.

 

10.  After carefully considering the information, on this occasion, the Committee considered the applicant fit and suitable to be licensed.  However the Committee granted the application subject to a warning being placed on his record in respect of his driving standards to ensure he drove safely to protect his passengers and road users.

 

11.  The Committee required that if there were any other motoring convictions, fines or complaints, the applicant must be referred back to the Licensing Committee.