Issue - meetings

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of a renewal application from Driver No. DR186.

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Driver No. DR186 be granted with a formal warning issued as to his future conduct.

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

(i)            a renewal application having been received from Applicant No. DR186 for a licence to drive hackney carriage and private hire vehicles;

(ii)          a routine check on the Applicant’s DVLA Driving Licence having confirmed the accumulation of twelve penalty points for speeding offences covering the period September 2013 to December 2016;

(iii)         relevant documentation relating to the case including details of the Applicant’s formal interview together with character references having been attached to the report;

(iv)         the Applicant having appealed to the Magistrates Court against refusal of the application by officers under delegated decision resulting in an agreement to submit the renewal application to the Licensing Committee for determination;

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

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

The Applicant was accompanied by his legal representative and confirmed he had received the report and committee procedures.

The Public Protection Business Manager introduced the report and facts of the case.

The Applicant’s legal representative advised that the Applicant was not proud of his driving record and accumulation of nine penalty points (the oldest convictions having since been removed from record) and detailed the circumstances surrounding the speeding offences which had been committed in unfamiliar areas in his private vehicle and not when working as a licensed driver.  He referred to areas within the council’s conviction policy arguing that the Applicant was not dishonest and did not pose a threat to the public or public safety, highlighting the glowing references (previously circulated) which had been providing voluntarily by a cross section of the community attesting to his good character.  In terms of sanctions members were advised that the Applicant had effectively been suspended for nearly two months given that he had not been able to work during that time which had caused financial hardship with low employment prospects for the future.  The Applicant responded to questions and provided assurances regarding his driving competencies.  He confirmed he had not been offered a speed awareness course.

In making a final statement the Applicant’s legal representative described the Applicant as a dedicated individual and competent driver who had expressed genuine remorse and had maintained a clean driving record over the last twelve months.  He submitted that the character references provided further assurance as to his character demonstrating that he was fit and proper to hold a licence.

Councillor Tony Thomas left the meeting at this point.

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. DR186 be granted with a formal warning issued as to his future conduct.

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

Members carefully considered the report and submissions put forward by the Applicant in support of his application.  The committee found the Applicant to be genuine in his address and response to questions and had also demonstrated via his character references that he was a trusted and well regarded individual.  Consequently the committee considered the Applicant to be a fit and proper person to hold a licence.  However concerns were expressed regarding the Applicant’s speeding offences and it was agreed to issue a formal warning as to future conduct.

The Committee’s decision and reasons therefore were conveyed to the Applicant.