Issue - meetings
REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 507343
Meeting: 11/09/2024 - Licensing Committee (Item 6)
6 REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 507343
To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 507343.
9.45 am – 10.30 am
Additional documents:
- Restricted enclosure 3 , View reasons restricted (6/2)
- Restricted enclosure 4 , View reasons restricted (6/3)
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Decision:
RESOLVED that Driver No.
507343 was a fit and proper person to hold a Hackney Carriage and Private Hire
Vehicle Driver’s Licence and that a formal written warning be issued in respect
of the convictions obtained.
Minutes:
A confidential report by the Head of Planning,
Public Protection and Countryside Services (previously circulated) was
submitted upon –
(i)
the suitability of Driver No. 507343 to hold a
licence to drive hackney carriage and private hire vehicles following
convictions obtained in July 2024 for being a proprietor of a vehicle used as a
private hire vehicle without a licence and using a motor vehicle on a road or
public place without third party insurance;
(ii)
officers having referred the matter to the
Licensing Committee for determination given the particular circumstances of the
case;
(iii)
background information and associated documentation having been provided
including details of the case summary and fine/penalty points imposed together
with written submissions from the Driver including a supporting statement and
character references;
(iv)
the Council’s policy with regard to the
relevance of convictions and suitability of applicants and licensees, and
(v)
the Driver having been invited to attend the meeting in support of the
licence review and to answer members’ questions thereon.
The Driver was in
attendance in support of his licence review.
The Licensing Enforcement Officer (NS)
submitted the report and facts of the case.
In terms of a final statement the Driver
confirmed he had nothing further to add.
The
Committee adjourned to consider the case and it was –
RESOLVED that Driver No. 507343 was a fit and proper person to
hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence
and that a formal written warning be issued in respect of the convictions
obtained.
The
reasons for the Licensing Committee’s decision were as follows –
Members had carefully
considered the evidence before them in reaching their decision. Whilst it was not open to the Committee to
revisit the findings of the conviction, it was open to members to consider the
general circumstances behind it in considering whether the Driver was a fit and
proper person to hold a driver’s licence and/or any
formal action to take in respect of it.
In accordance with
relevant policy guidance and due to public safety being the paramount
consideration for the licensing authority in respect of driver licences, members took the conviction seriously as it
related to motor insurance. This was a
matter that members were extremely concerned with and found that the Driver
displayed very poor judgement. They
considered that this conduct fell short of the high standards required by
licensed drivers.
In reaching their
decision members had placed significant weight on the Driver’s previous track
record which they found to be exemplary.
Members were encouraged that the Driver had been fully co-operative with
the Licensing Authorities involved. They
were also encouraged by the Driver’s full and frank admissions to the Licensing
Officers and had placed significant weight on this factor in reaching their
decision that the Driver remained a fit and proper person to hold a licence.
Furthermore, members were encouraged that since the conviction the Driver had taken steps to secure a second licensed vehicle which could be used if the Driver found himself in ... view the full minutes text for item 6