Agenda item

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of a renewal application from Applicant No. 518819.

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 518819 be granted with a formal warning issued as to his motoring convictions and future conduct.

[Councillors Joan Butterfield, Alan James, Brian Jones, Barry Mellor and Tony Thomas declared a personal interest and left the meeting for the duration of this item.]

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. 518819 for a licence to drive hackney carriage and private hire vehicles;

(ii)          officers having not been in a position to grant the renewal application following accrual of 9 penalty points on the Applicant’s DVLA Driving Licence for traffic offences covering the period February 2014 to May 2018 which had been confirmed following a routine check as part of the renwal application;

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

(iv)         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 receipt of the report and committee procedures.

The Licensing Officer (NJ) introduced the report and detailed the facts of the case.

The Applicant explained the circumstances surrounding the three traffic offences, particularly with regard to the last offence and mitigation which had been accepted by Magistrates and reflected in the reduction of penalty points awarded.  The Legal Representative added that the minor speeding offences would be expended in 2018 and highlighted the zero tolerance approach taken by North Wales Police in that regard. He also reiterated the mitigation put forward with regard to the last offence when the passenger had been taken ill.  In closing the Legal Representative advised that removal of the licence would result in financial difficulty for the Applicant and advised that there were few night time drivers and the Applicant helped to meet that demand.

The Applicant responded to members’ questions regarding the offences and confirmed that he worked independently.  It was also established that, notwithstanding the recent changes in legislation regarding speeding offences, the zero tolerance approach had been implemented for some time prior to that.

In making a final statement the Applicant’s Legal Representative advised that he was not attempting to circumvent due process and had clearly explained the circumstances regarding the traffic offences.  If members determined to remove the licence it would also remove the Applicant’s livelihood and cause financial difficulty.

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 Applicant No. 518819 be granted with a formal warning issued as to his motoring convictions and future conduct.

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

The committee’s overriding consideration was public safety and reference to the submissions that removal of the licence would cause financial strain and put pressure on those seeking taxis services at night were not relevant considerations and disregarded.  Members had carefully considered the facts of the case and mitigation put forward by the Applicant in terms of the motoring convictions.  Concern was expressed regarding the accumulation of 9 penalty points which would generally warrant refusal of the application.  However, having considered the mitigation and given that the convictions were classed as minor traffic offences, and accepting that the final conviction had occurred under difficult circumstances, it was agreed not to refuse the renewal application on this occasion.  Instead consideration was given to either suspending the licence for an appropriate period or issuing a formal warning.  On balance it was decided that a strict warning regarding the traffic convictions incurred and future conduct should be issued in this case.  The Applicant was also reminded of the importance of disclosing any offences following conviction in accordance with licensing conditions.

The committee’s decision and reasons therefore were conveyed to the Applicant and his Legal Representative together with the right of appeal against the decision to the Magistrates Court within 21 days.