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. 523920.

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 523920 be granted with a formal warning issued as to his future conduct.

[Councillor Hugh Irving (Chair) declared a personal and prejudicial interest in this item because the applicant and his representative were known to him personally and he left the meeting during consideration of the application.  Councillor Alan James (Vice Chair) took the Chair for the 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. 523920 for a licence to drive hackney carriage and private hire vehicles;

(ii)          officers having not been in a position to grant the renewal following accrual of nine penalty points on the Applicant’s DVLA Driver’s Licence for speeding offences covering the period November 2015 to November 2016 which had been confirmed following a routine check as part of the renewal application;

(iii)         mitigation having been put forward by the Applicant during interview regarding the traffic offences together with assurances regarding his driving conduct;

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

(v)          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 employer and confirmed he had received the report and committee procedures.

The Enforcement Officer (TB) introduced the report and facts of the case.

The Applicant explained that all three speeding offences had coincided with major upheavals in his personal life which had since been resolved.  He accepted that there was no excuse for speeding and apologised profusely in that regard.  His employer also spoke in support of the Applicant advising that he was a long standing driver with an accident free record and the speeding offences had been out of character.

In response to members’ questions the Applicant elaborated upon the circumstances surrounding the speeding offences and provided assurances regarding his driving competency and behaviour should a similar situation occur in the future.  It was established that he had not been offered or undertaken a speed awareness course prior to or since accruing the penalty points.  In terms of his fitness to drive a medical certificate had been obtained.  Members noted that whilst the Applicant had disclosed the latest speeding offence to his employer, neither had informed the licensing authority of the conviction, although it was the Applicant’s responsibility to do so within seven days in accordance with licensing conditions.  In his final statement the Applicant reiterated his regret over the speeding offences.

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. 523920 be granted with a formal warning issued as to his future conduct.

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

Members had carefully considered the circumstances of the speeding offences and mitigation put forward by the Applicant together with his assurances as to future conduct and his employer reference.  It was also noted that no further motoring offences had been committed in the last twelve months.  The committee found the Applicant to be genuine and remorseful of his actions, and after taking into account his previous long standing good character and the support of his employer, accepted his assurances with regard to future conduct.  Consequently members considered the Applicant to be a fit and proper person to hold a licence and decided to grant the renewal application.  However the accumulation of nine penalty points for speeding offences in a relatively short period of time was of serious concern and consideration was given to suspending the licence for an appropriate period.  On balance however it was decided to issue a formal warning as to future conduct in this case.

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