Agenda item

To consider a confidential report by the Head of Planning, Regeneration and Regulatory Services (copy enclosed) seeking members’ review of three licences to drive hackney carriage and private hire vehicles for failure to comply with the Council’s requirements to successfully undertake a driver knowledge test.

[This item was brought forward on the agenda with the consent of the Chair]

 

The Licensing Officer (JT) submitted a confidential report by the Head of Planning, Regeneration and Regulatory Services (previously circulated) seeking members’ consideration of the suitability of three Drivers numbered 040298, 040448 and 040740 (corresponding individual reports listed at Appendix 1 – 3 respectively to the main report) to continue as licensed drivers following their failure to comply with the Council’s requirement to successfully undertake a driver knowledge test within the designated timescale.

 

Members considered the individual circumstances relating to each Driver separately, treating each case on its own merits as follows –

 

(1)               Driver No. 040740 (Appendix 3) – Renewal Date 31 December 2011

 

Five reminders had been issued to the Driver since his licence renewal but he had made no attempt to contact officers.  On 6 June 2012 the Driver had been informed that the matter would be referred to the Licensing Committee for consideration.

 

The Driver was in attendance in support of his case and during his submission he spoke out against the test which he felt was insufficient and failed to achieve its purpose in adequately assessing the suitability of individuals to become licensed drivers.  He further advised that, in support of his application for a licence, he had produced various certificates and references which he felt proved his suitability for such employment far beyond that of the driver knowledge test.  The Driver proceeded to air a number of grievances he had regarding what he perceived to be a lack of action by the Licensing Department in addressing various concerns he had raised in terms of taxi licensing.  The Chair asked the Driver to confine his submission to the reasons why he had not successfully undertaken the knowledge test as required.  The Driver reiterated his view that the test was insufficient and did not achieve its purpose.

 

Members took the opportunity to question the Driver regarding the case and it was confirmed that he had failed to respond to any of the reminders to undertake the knowledge test sent by the Licensing Department.  It was also established that, by not taking the test and appearing before the Licensing Committee, he was making a protest against what he believed to be a lack of action by the Licensing Department in addressing his concerns and complaints relating to taxi licensing.  He reiterated that point again when making his final statement to the committee.  He added that he felt he had not been treated fairly by the Licensing Department during his dealings with them and had been harassed by Licensing Officers.  The Licensing Officer (JT) confirmed she was aware that the Driver had raised issues and queries with the Licensing Department which officers had tried their best to address.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that consideration of the suitability of Driver No. 040740 be deferred to provide a further opportunity for the Driver to sit the knowledge test.  Failure by the Driver to successfully undertake the knowledge test by the committee’s next meeting (5 December 2012) would result in the matter being brought back before the committee for determination.

 

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

 

Whilst acknowledging that the Driver had a point to make with regard to licensing matters, refusal to take the knowledge test, which applied to all drivers, was not the way to make his protest.  All licensed drivers were required to take the knowledge test and there were no exceptional circumstances of this case which would prevent the Driver from taking the test.  The test had been called for by members of the trade and was part and parcel of the requirements to become a licensed driver.  Failure by the Driver to successfully complete the test by the time of the next meeting of the Licensing Committee on 5 December 2012 would result in the committee giving serious consideration to revoking the licence on the basis that the Applicant had failed to demonstrate that he was a fit and proper person to hold a licence.

 

The Chair conveyed the committee’s decision and reasons for that decision to the Driver.

 

(2)               Driver No. 040298 (Appendix 1) – Renewal Date 31 August 2011

 

Six reminders had been issued to the Driver since his licence renewal and on 6 June 2012 he had been informed that the matter would be referred to the Licensing Committee.  Following the Driver’s unsuccessful attempt to pass the driver knowledge test the Licensing Officer (JT) was pleased to report that the Driver had since retaken and successfully passed the test.

 

RESOLVED that the successful completion of the driver knowledge test by Driver No. 040298 be noted and no further action be taken.

 

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

 

The Driver had now complied with the Council’s requirement to successfully undertake a driver knowledge test and therefore it was considered that no further action was required.

 

(3)               Driver No. 040298 (Appendix 2) – Renewal Date 31 August 2011

 

Six reminders had been issued to the Driver since his licence renewal but he had made no attempt to contact officers.  On 6 June 2012 the Driver had been informed that the matter would be referred to the Licensing Committee for consideration.  No response had been received from the Applicant and he was not in attendance at the meeting.

 

At this juncture the committee adjourned to consider the case and it was –

 

RESOLVED that Driver No. 040448 be suspended pending his successful completion of the driver knowledge test.  Failure by the Driver to successfully undertake the test by the committee’s next meeting (5 December 2012) would result in the matter being brought back before that committee for determination.  Successful completion of the test within the suspension period would result in the suspension being lifted.

 

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

 

The committee considered that the Driver had been given sufficient opportunity in which to undertake the driver knowledge test and had shown disrespect to the committee by failing to attend the meeting and state his case.  Accordingly the committee considered it appropriate to suspend the Driver’s licence until such time as he passed the knowledge test.  Failure by the Driver to take and successfully pass the test would result in the matter being brought back before the committee’s next meeting when serious consideration would be given to revoking his licence on the basis that he was not a fit and proper person to hold a licence.