Agenda item

To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ determination of a renewal application from Applicant No. 541292.

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 541292 be granted.

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

(i)            a renewal application having been received from Applicant No. 541292 for a licence to drive hackney carriage and private hire vehicles;

(ii)          officers having referred the renewal application to the Licensing Committee for determination given the particular circumstances of the case;

(iii)         the Applicant having accrued 3 penalty points on his DLVA Driver’s Licence for speeding in May 2017 and incurred a financial penalty relating to two offences for driving an overweight vehicle in December 2019, both of which had been declared by the Applicant and confirmed following a routine check;

(iv)         further information concerning the case including the Applicant’s explanation of the circumstances relating to the convictions together with his suitability as a licensed driver and character references (attached to the report);

(v)          the Council’s policy with regard to the suitability of applicants and reasoning behind the officer recommendation to deviate from that policy and grant the renewal application given the exceptional circumstances in this case, and

(vi)         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 son and confirmed he had received the report and committee procedures and was happy to proceed.

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

The Applicant submitted he was a long standing and experienced taxi driver with no previous concerns and provided assurances with regard to his driving conduct.  He also explained the circumstances surrounding the speeding conviction which was soon to be removed from his licence and confirmed he was not carrying a passenger at that time.  With regard to the second offence his son explained his fault in miscalculating the weight limit resulting in his father unknowingly driving an overweight vehicle.  Assurances were provided that there had been no deliberate intent in that regard and that steps had been taken since then to ensure no future reoccurrence.  There being no further questions the Public Protection Business Manager summarised the reasoning behind the officer recommendation to grant the renewal application given the particular circumstances in this case.  In his final statement the Applicant expressed his remorse over the offences and reiterated that they had not been carried out deliberately.

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. 541292 be granted.

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

Members had carefully considered the report and submissions in this case.  It was accepted that the Applicant was an experienced licensed driver with a previously clean record and had been open and honest in declaring his motoring offences.  The numerous references attesting to the Applicant’s good character had also been taken into account.  Members had found the Applicant to be credible and genuine in his address to the Committee and accepted the explanation provided regarding the circumstances of the offences and remorse shown.  Given those exceptional circumstances members were satisfied that the Applicant was a fit and proper person to hold a licence.  Consequently it was decided to deviate from the Council’s current policy in relation to vehicle use offences on this occasion and grant the renewal application.  In light of the convictions obtained it was considered appropriate that the Applicant be cautioned as to his future conduct.

The Chair conveyed the decision and reasons therefore to the Applicant and cautioned him to be mindful of the rules and regulations in his future conduct.