Issue - meetings
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 044881
Meeting: 05/12/2012 - Licensing Committee (Item 5)
5 APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 044881
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.
Decision:
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.
Minutes:
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.