Issue - meetings

To consider a confidential report by the Head of Planning and Public Protection Services (copy enclosed) seeking members’ determination of an application from Applicant No. 044881 to drive hackney carriage and private hire vehicles.

RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 044881 be granted and a warning issued regarding the seriousness of his offence and to his future conduct.

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

(i)                 an application received from Applicant No. 044881 for a licence to drive hackney carriage and private hire vehicles;

(ii)               the Applicant having been convicted of Failing to Provide a Specimen for Analysis (being in charge of a motor vehicle) on 13 October 2010 and disqualified from driving for 16 months (reduced to 12 months following completion of a course) and fined £160.00;

(iii)             the Applicant having held a licence to drive hackney carriage and private hire vehicles since 2006 and had been driving a licensed vehicle at the time of the offence (the Applicant had since advised that he had not been carrying fare paying passengers when the offence took place);

(iv)              the Applicant having failed to notify the Licensing Authority of the offence within seven days in accordance with licensing conditions, instead allowing his licence to lapse in December 2010;

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

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

The Licensing Officer (JT) provided a summary of the report and advised that the Applicant was in attendance at the meeting.  She indicated that the matter had been brought before the committee to assess the Applicant’s suitability in view of the relatively short period free from driving offences.

The Applicant addressed the committee in support of his application expressing his remorse over the offence.  He also apologised for his failure to notify the Licensing Authority of the conviction which had been due to the confusion and stress he had experienced over the incident.  He responded to members’ questions regarding the circumstances surrounding his conviction and failure to provide a specimen for analysis, and confirmed that he had previously held a taxi licence without incident since 2006.  In closing the Applicant advised that he had attended a course recommended by the court and had learnt lessons from that.  He reiterated his deep regret and assured members that there would be no repeat incident.

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

RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 044881 be granted and a warning issued regarding the seriousness of his offence and to his future conduct.

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

Having considered the evidence provided by the Applicant the committee was persuaded that the offence was an isolated incident and found the Applicant to be genuine in his assurances that it would not be repeated.  They had also taken into account the Council’s current policy with regard to the relevance of convictions and noted that granting the application was in line with their own policy and the timeframe provided for the Applicant to be free from convictions relating to drink.  Accordingly members considered the Applicant to be a fit and proper person to hold a hackney carriage and private hire vehicle drivers licence but felt it was appropriate to issue a warning in light of the offence committed.

The Chair conveyed the committee’s decision and reasons for that decision to the Applicant.