Agenda item

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. 509827.

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Driver No. 509302 be granted but that the licence be suspended for a period of one month.

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

(i)        the suitability of Driver No. 509827 to hold a licence to drive hackney carriage and private hire vehicles following accrual of 12 penalty points on his DVLA driving licence spanning the period July 2013 to April 2016 relating to using an uninsured vehicle (6 points) and 2 speeding offences (total 6 points);

(ii)       officers having not been in a position to grant the Driver’s renewal application in light of the motoring convictions disclosed following a routine check on his DVLA driving licence which had also revealed a conviction not declared by the Driver on his renewal application relating to the use of an uninsured vehicle;

(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 Public Protection and Business Manager (IM) presented the report and detailed the facts of the case.

In presenting his case the Driver explained that he had six penalty points remaining on his licence for two speeding offences.  The six penalty points imposed on his licence in July 2013 for driving an unlicensed vehicle had since been spent.  The Driver had appeared before the committee upon first application to explain the circumstances surrounding that spent conviction and his licence had subsequently been granted.  He had been under the misapprehension that those details would be kept on file and whilst he had mentioned the offence of driving an unlicensed vehicle when submitting his renewal application he had not declared it on his renewal form.  The Driver also explained the circumstances surrounding the speeding offences and confirmed he was carrying a fare paying passenger at the time of the second speeding offence.  Finally the Driver produced an insurance document validating his 7 years no claims bonus.  In his final statement the Driver submitted that he was of good character, a safe and responsible driver and a hard working family man.

At this juncture the committee adjourned to consider the application.

Members sought further clarification regarding the process for renewal applications as it related in this case and it was confirmed that whilst the Driver had declared the now spent conviction upon first application (which was brought before the committee) he had failed to declare that conviction on his renewal form despite it clearly stating that applicants must declare motoring convictions for the last 5 years.  Under the totting up procedure the conviction was considered spent after 3 years, however it remained on his DVLA driving licence for a total of 4 years.

During deliberations there were mixed views regarding the most suitable sanction in this case and members proposed both suspension and formal warning.  Upon being put to the vote it was –

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Driver No. 509302 be granted but that the licence be suspended for a period of one month.

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

Members carefully considered the facts of the case and explanation provided by the Driver in mitigation.  The committee raised serious concerns that the Driver had obtained two further speeding convictions in addition to the major traffic offence within a three year period and had failed to declare all of his motoring convictions on his renewal application, despite clear instruction to do so, which did not reflect well on his character.  In considering the case members were satisfied that the Driver was a fit and proper person to hold a licence and agreed to grant the renewal application.  However there had been mixed views when considering the sanction in this case but following a vote it was resolved to suspend the licence for one month.

The committee’s decision and reasons therefore were conveyed to the Driver.