Issue - meetings

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 510104.

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Driver No. 510104 be refused.

A confidential report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)        the suitability of Driver No. 510104 to hold a licence to drive hackney carriage and private hire vehicles following an accrual of six penalty points on his DVLA driving licence for using a motor vehicle uninsured against third party risk in October 2015 which had been revealed following a routine check as part of his renewal application;

(ii)       the Driver having failed to declare the motoring conviction at the time of conviction or as part of his renewal application as required by licensing conditions;

(iii)      the Council’s policy with regard to the relevance of convictions, and

(iv)      the Driver having been invited to attend the meeting in support of his renewal application and to answer members’ questions thereon.

The Driver confirmed that he had received the committee report and procedures.

The Enforcement Officer (LJ) presented the report and detailed facts of the case.

In mitigation the Driver explained that he genuinely believed his vehicle had been insured and his insurance company had admitted a clerical error when questioned in relation to the insurance.  He provided assurances that there had been no deliberate attempt to deceive on his part.  The Driver responded to members’ questions and elaborated upon the circumstances surrounding the offence and his actions and accepted that he could have provided some evidence to support his version of events.  With regard to the non-disclosure of the conviction the Driver referred to his personal circumstances at the time advising that the conviction had genuinely slipped his mind and he did not drive taxis on a full time basis.  In his final statement the Driver reiterated that he had made a genuine mistake in not disclosing the conviction.

At this juncture the committee adjourned to consider the application and it was –

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Driver No. 510104 be refused.

The reasons for the Licensing Committee’s decision were as follows –

Members had carefully considered the facts of the case and mitigation put forward by the Driver and his response to questions.  The committee had found there to be anomalies between the account given by the Driver at the meeting and his witness statement which did not reflect well on his credibility and he had provided no evidence to support his version of events.  With regard to his non-disclosure, the renewal application form clearly requested details of any motoring convictions.  Consequently the committee believed that the Driver had deliberately failed to disclose the conviction in order to secure renewal of his licence and had knowingly made a false statement.  The committee’s overriding consideration was protection of the public.  In view of the Driver’s blatant disregard of the rules and deliberate attempt to deceive the committee did not consider him a fit and proper person to hold a licence and resolved to refuse the renewal application.

The committee’s decision and reasons therefore were conveyed to the Driver and he was advised of his right of appeal.