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. 543310.

RESOLVED that the renewal application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 543310 be granted with a formal warning issued as to his conduct.

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. 543310 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 6 penalty points on his DVLA Driver’s Licence in August 2019 for using a handheld mobile phone or device whilst driving a motor vehicle which had been declared by the Applicant and confirmed following a routine check as part of the renewal application;

(iv)         further information concerning the case including the Applicant’s explanation of the circumstances relating to the motoring conviction together with his suitability as a licensed driver;

(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 not in attendance and had not indicated whether he intended to be present.  Officers confirmed the relevant papers and notice of the hearing had been served.  The Committee considered sufficient information had been provided to determine the application and agreed to proceed in the absence of the Applicant.

The Enforcement Officer introduced the report and detailed the facts of the case.  She responded to members’ questions and further elaborated upon the particulars relating to the offence and confirmed the Applicant’s account had been corroborated by the Police.  Members’ attention was drawn to the relevant sections of the Council’s policy in relation to the use of a mobile phone whilst driving and the unique circumstances of the case together with consideration of the overall character of the Applicant leading to the officer recommendation to grant the renewal application.

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. 543310 be granted with a formal warning issued as to his conduct.

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

Members had carefully considered the particular circumstances of the case as set out in the report together with officers’ response to questions thereon.  Members noted the Applicant’s previously clean record and good character as a licensed driver and his honesty in declaring the conviction at the appropriate time.  Members also accepted the Applicant’s account of the events which had been corroborated by the Police and found that at the time of the offence he had been experiencing unique circumstances through no fault of his own.  Consequently members found the Applicant to be a fit and proper person to hold a licence and given the exceptional circumstances in this case agreed to deviate from the Council’s policy with regard to using a handheld mobile phone while driving and grant the renewal application.  Members also considered it appropriate to issue a formal warning as to the offence and future conduct.  Whilst it was considered that sufficient information had been provided to enable a decision to be made on this occasion, the Committee asked that their disappointment be conveyed directly to the Applicant regarding his non-attendance at the hearing of his application.

At this juncture (10.25 a.m.) the meeting adjourned for a refreshment break.