Agenda item

Application - Private Hire Vehicle Driver Licence - Ref: 03/23

Minutes:

The Director of Adult Social Care and Health Integration submitted an exempt report in connection with an application for a  Private Hire Vehicle Driver Licence, Ref: 03/23, where circumstances had arisen which required special consideration by the Committee.

 

The Chair introduced those present and outlined the procedure to be followed.  The applicant, who was in attendance at the meeting, 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, outlining that the applicant had previously been licensed with Middlesbrough Council from June 2003 until his licence was revoked by Members in December 2016 due to his history of poor driving standards.  He now appeared before Members with a fresh application in relation to the offence detailed at 1) and his previous history. 

 

It was highlighted that, when previously licensed, the applicant had appeared before the Committee for review of his licence on several occasions: 16 July 2007 (retained licence but required to complete the Driver Improvement Scheme); 15 March 2010 (retained licence but required to complete the Driver Improvement Scheme); 10 May 2010 (licence retained following completion of the Driver Improvement Scheme); and 5 December 2016 when Members decided to revoke his licence.

 

The applicant subsequently appealed the Committee’s decision to revoke and his appeal was dismissed by Teesside Magistrates Court on 7 April 2017.  A copy of the Court bundle was attached at Appendix 1.

 

Attached at Appendix 2 was a copy of the record of the applicant’s DVLA history.

 

The applicant was interviewed by a Licensing Enforcement Officer on 29 March 2023 when he confirmed his previous explanations of previous offences and provided an explanation in relation to the offence at 1) and confirmed that there were no other offences of which the Council was unaware.

 

The Licensing Manager also confirmed that in relation to the offence at 1), the applicant had received six penalty points on his DVLA licence, not three as stated in the report.

 

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 presented the case in support of his application and responded to questions from Members, the Licensing Manager and the Council’s Legal Representative.

 

It was confirmed that there were no further questions and the applicant 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 Private Hire Vehicle Driver Licence, Ref No: 03/23, be refused.

 

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, the Middlesbrough Council Private Hire and Hackney Carriage Policy 2022 (“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 the information, the Licensing Committee decided to refuse to grant the application for a Private Hire Vehicle driver’s licence on the grounds that the Committee was not satisfied the applicant was a fit and proper person to be granted the licence.  The reasons for the decision are as follows:-

 

Reasons

 

5.         The applicant was convicted of an offence of having no insurance on 30 December 2021, fined £40 and issued with 6 penalty points.  Having no insurance was classed under the Policy as a major traffic offence.  The Policy required a period of five years free of any motoring conviction or incident from the date of conviction or completion of sentence before a licence should be granted.  Only approximately one and a half years had passed.

 

6.         Prior to this conviction, the applicant had the following convictions or was involved in the following incidents.  The Committee considered it was necessary to consider previous, old convictions and incidents in order to assess the pattern of driving issues and suitability of the applicant.  Most of the offences took place whilst the applicant was licensed by the Council putting the public at risk.

 

            History:-

 

      27.12.1999      excess speed              £40 fine and 3 penalty points

      5.3.2001          excess speed              £60 fine and 3 penalty points

      18.01.03          excess speed              £40 fine and 3 penalty points

      25.06.04          contravention of                     

pedestrian crossing     £60 fine and 4 penalty points

      05.06.05          Licence Granted

      27.04.07          charging passengers

excessive fare             £300 fine. £513 costs

      16.07.07          Licensing Committee  Warning and DIS

      23.10.07          Using mobile phone    £60 fine and 3 penalty points

      07.11.07          Driver improvement    completed

                              Scheme

      03.04.08          Using mobile phone    £60 fine and 3 penalty points

      2010                Excess Speed             3 penalty points

      2010                Excess Speed             3 penalty points

      15.03.10          Licensing Committee  Suspended until completion of DIS

                                                                  Severe warning

      19.03.10          Driver Improvement

                              Scheme                      Completed

      Nov 2010         Using mobile phone    warning by officers

      Nov 2010         Using mobile phone    warning by officers

      04.09.12          Using mobile phone    3 penalty points

                              Failed to declare

      10.12.14          Excess Speed             3 penalty points

                              Failed to declare

      08.04.15          Excess Speed             3 penalty points

                              Failed to declare

      14.09.15          complaint of dangerous

                              Driving

      05.12.16          Licensing Committee  Licence Revoked

 

8.         In addition to the unsafe driving offences and incidents, the Committee previously considered that the applicant was dishonest in that despite being a clear condition on his licence, the applicant failed to declare his motoring convictions above.  The previous Committee also considered the incident on 14 September 2015 to be dangerous driving putting the public and other road users at serious risk.  It also considered that the applicant’s explanations were untrue and he had misled the Committee.

 

9.         The applicant had been given warnings, suspensions and attended two Driver Improvement Schemes, at the end of which was evaluated as still having to improve but continued to drive unsafely and failed to report convictions which ultimately led to his revocation in December 2016.

 

10.       The applicant had a significant history of offences and incidents showing a disregard for safety whilst he was licensed and driving was his profession.  Where there was a history of unsafe driving the Policy required a five-year period free of incident or conviction.

 

11.       A further offence was committed on 31 December 2021 for having no insurance for which the applicant had six points on his licence.  This was classed as a major traffic offence and required a five-year period free of conviction or incident to ensure the public were protected.  The Committee was not convinced that the applicant was being wholly honest about the circumstances of the offence; in the report saying he was driving a friend’s car and, in the meeting, saying he was delivering pizzas.  It considered it was unclear if he had checked or how often he had checked the insurance.  In any event the Committee would consider a reasonable person in his position to check the documents to be sure he was insured.  It considered it to be very serious if a person was not insured whilst driving, especially if wanting to obtain a licence to drive the public.

 

12.       In light of the applicant’s history and the recent conviction, the Committee could not be satisfied that the applicant was a safe, suitable, trustworthy person to be licensed.  It found no good reason to depart from its policy.

 

13.       If the Applicant is aggrieved by this decision, they may appeal to a Magistrates Court within 21 days from the date of the notice of the decision. The local magistrate’s court for the area is the Teesside Justice Centre, Teesside Magistrates, Victoria Square, Middlesbrough.

 

Supporting documents: