Minutes:
Before introducing the first Driver, the Chair advised Members that during closed deliberations proposals and motions should only be made at the end of any discussions to ensure all perspectives had been considered.
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: 08/ 23.
The Chair introduced those present and outlined the procedure to be followed. The Driver, who was in attendance at the meeting, verified his name and address and confirmed he had received a copy of the report and understood its contents. The Driver was accompanied by a licensing consultant who was in attendance virtually.
The Licensing Manager presented a summary of the report, outlining the Driver had been licenced as a Private Hire Vehicle Driver since March 9 2023. Members were advised the Driver appeared before the Committee in relation to a complaint about the standard of his driving on the 12 May 2023. Members were also advised the Driver was interviewed by a Licensing Enforcement Officer on 16 June 2023 and 11 July in relation to offences at 1 and 2 in the report, as well as the complaint.
As part of the complaint dash-cam video evidence was presented to the committee.
Members were advised the offences listed at 1 and 2 in the report were not new and were previously known to the Council. However, the Committee was advised these remained relevant.
The Driver presented the case in support of his application and responded to questions from Members and the Council’s Legal Representative.
The Driver’s representative advised Members the incident resulting in the complaint of 12 March 2012 was due to extenuating circumstances, namely a medical emergency. The emergency required the driver reach home at pace.
Members were told the incident was not reflective of the Driver’s normal driving standards. Members were told the Driver was familiar with the area in question and had driven according to the circumstances. Members were also advised the Driver did not deny any of the circumstances or incidents and that he apologised for his driving standards. The Driver also stated he would be prepared to attend a Driver Improvement Scheme.
It was clarified the Driver had three points on his licence rather than six and there had been no further incidents in the four months since the incident.
It was confirmed that there were no further questions and the Driver and Officers of the Council, other than representatives of 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 Driver would receive the full decision and reasons within five working days.
ORDERED that Private Hire Vehicle Driver Licence, Ref No: 08/23, be retained, but that the Driver be issued with a warning regarding his future conduct and be required to complete the Driver Improvement Scheme at his own expense within three months from the date of decision.
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 has committed an offence or breached the Act or the Town Police Clauses Act 1847;
· For any other reasonable cause.
2. The Committee considered Section 61 of the Act, Policy Guidance to Applicants, Licensed Drivers and Members of the Licensing Committee which came into force on the 1 November 2019 (“the Policy”), the report and the representations made by the Licensee and his representative.
Decision
3. After carefully considering all of the information and considering the review on its own merits the Committee decided, on this occasion, to permit the Driver to keep his licence, but that the Committee give a warning in respect of the Driver’s driving standards and require the Driver to attend a Driver Improvement Scheme, approved by the Council, at his own expense, within 3 months from the date of this decision.
Reasons
4. The Driver had been convicted of two speeding offences on 2 June 2020 and the 13 March 2022. He currently had three points on his licence.
5. A complaint had been received by a member of the public on the 15 May 2023, with dashcam footage of an incident on the 12 May 2023. The Committee considered this footage showed the Driver driving erratically and through a red light.
6. The Committee noted the Driver’s mitigation that he considered it an emergency type situation as he required to go to the toilet, but the Committee still considered as a licenced driver, he should always drive safely.
7. The Policy stated that if a Driver had six valid penalty points on his licence the Driver should attend a driver improvement course and be given a warning as to future conduct. The Committee considered that in addition to the previous speeding offences and having three points on his licence, the recent erratic driving and driving through a red light pushed the matter into requiring the Driver to attend a driver improvement course and to be given a warning in line with the Policy. It considered that the Driver Improvement Scheme and a warning were appropriate to ensure the Driver drove safely and complied with the rules going forward for the protection of the public.
8. This decision was final and there was no internal or statutory route of appeal, however, the Driver had the option of judicially reviewing the lawfulness of the decision to the high court if grounds had been made out. If the Driver decided to challenge the decision by way of judicial review, the Driver was advised to seek independent legal advice as to the grounds and time limits that may apply. If the Driver did take this course of action the Council would apply for any costs it incurred in defending its decision.
Supporting documents: