Agenda item

To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ determination of an application to drive hackney carriage and private hire vehicles from Applicant No. 557452.

10.15 am

RESOLVED that, subject to all other necessary checks associated with a licensed driver application being satisfactory, the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 557452 be granted.

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

(i)            an application having been received from Applicant No. 557452 for a licence to drive hackney carriage and private hire vehicles;

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

(iii)         the Applicant’s licence to drive hackney carriage and private hire vehicles having been revoked in May 2021 following an accumulation of motoring convictions for speeding (covering the period February 2018 to September 2020) and resultant disqualification from driving for a period of six months under the totting up procedures (TT99);

(iv)         further information concerning the case including the application together with the report documenting the disqualification and character references submitted by the Applicant and circulated as a supplement to the agenda;

(v)          officers having not yet completed all other necessary checks associated with the licensed driver application;

(vi)         the Council’s policy with regard to the suitability of applicants, and

(vii)        the Applicant having been invited to attend the meeting in support of their application and to answer members’ questions thereon.

The Applicant confirmed they had received the report and committee procedures.

The Public Protection Business Manager submitted the report and facts of the case.

The Applicant explained that the speeding convictions had been obtained whilst driving a motorbike and in light of those convictions they had given up that hobby and sold the motorbike.  The Applicant expressed remorse over the speeding offences and provided assurances regarding their driving conduct. The Applicant added that they had previously held a hackney carriage and private hire vehicle licence for fifteen years with no problems and had operated their own business over the last eight years without issue.  In responding to members’ questions the Applicant confirmed that all speeding offences had occurred when driving a motorbike and that no speeding offences had occurred when driving a taxi, adding that their driving conduct in a taxi had always been exemplary.  In a final statement the Applicant apologised for their actions and thanked members for their consideration of the application.

The Committee adjourned to consider the application and it was –

RESOLVED that, subject to all other necessary checks associated with a licensed driver application being satisfactory, the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 557452 be granted.

Members had carefully considered the particular circumstances of the case as set out in the report together with the Applicant’s submissions, response to questions, and character references provided.  Members had also considered the relevant sections of the Council’s Statement of Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades.

In particular the Committee had considered section 4.22 of the policy which provided that where a person had more than one conviction, this would raise serious questions about their safety and suitability, and that once a pattern or trend of repeated offending was apparent, a licence would not be granted or renewed.  In this case the pattern of offending behaviour related to a series of speeding convictions obtained by the Applicant which had resulted in a disqualification from driving for six months under the totting up procedure.  In this regard the Committee accepted the Applicant’s account that the speeding convictions had been obtained solely whilst driving a motorbike through leisure pursuits and not in connection with the Applicant’s business or in a professional capacity as a licensed driver.

Given the above policy provision, the Committee then considered section 3.19 of the same policy that provided a policy provision should only be departed from in exceptional circumstances and for justifiable reasons.

Members had found the Applicant to be credible and genuine in their address to the Committee and in response to questions, and having accepted the Applicant’s account of the offending behaviour, and having taken into account the Applicant’s previously clean record as a licensed driver and the character references provided, the Committee was satisfied that the Applicant was a fit and proper person to hold a licence.  The Committee concluded therefore that there were exceptional circumstances and justifiable reasons, namely that the speeding convictions obtained by the Applicant had been purely in relation to motorcycling and not in connection with their business or whilst driving in their capacity as a licensed driver, under section 3.19 of the policy to make a departure from the provision in section 4.22 and grant the application.

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