Agenda item

To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 507343.

9.45 am – 10.30 am

RESOLVED that Driver No. 507343 was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that a formal written warning be issued in respect of the convictions obtained.

 

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

 

(i)             the suitability of Driver No. 507343 to hold a licence to drive hackney carriage and private hire vehicles following convictions obtained in July 2024 for being a proprietor of a vehicle used as a private hire vehicle without a licence and using a motor vehicle on a road or public place without third party insurance;

 

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

 

(iii)          background information and associated documentation having been provided including details of the case summary and fine/penalty points imposed together with written submissions from the Driver including a supporting statement and character references;

 

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

 

(v)           the Driver having been invited to attend the meeting in support of the licence review and to answer members’ questions thereon.

 

The Driver was in attendance in support of his licence review.

 

The Licensing Enforcement Officer (NS) submitted the report and facts of the case.

 

The Driver referred to his written submission which had been included within the report and expressed deep remorse over his actions, highlighted his previously longstanding good conduct, and provided assurances regarding his future conduct and lessons learned.  In response to questions, the Driver further elaborated on the circumstances surrounding the convictions and the reasoning behind his actions, acknowledging the consequences of those actions and poor judgement exercised on his part, and referred to steps he had taken since then to secure a second licensed vehicle in the event a similar situation occurred in the future.

 

In terms of a final statement the Driver confirmed he had nothing further to add.

 

The Committee adjourned to consider the case and it was –

 

RESOLVED that Driver No. 507343 was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that a formal written warning be issued in respect of the convictions obtained.

 

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

 

Members had carefully considered the evidence before them in reaching their decision.  Whilst it was not open to the Committee to revisit the findings of the conviction, it was open to members to consider the general circumstances behind it in considering whether the Driver was a fit and proper person to hold a driver’s licence and/or any formal action to take in respect of it.

 

In accordance with relevant policy guidance and due to public safety being the paramount consideration for the licensing authority in respect of driver licences, members took the conviction seriously as it related to motor insurance.  This was a matter that members were extremely concerned with and found that the Driver displayed very poor judgement.  They considered that this conduct fell short of the high standards required by licensed drivers.

 

In reaching their decision members had placed significant weight on the Driver’s previous track record which they found to be exemplary.  Members were encouraged that the Driver had been fully co-operative with the Licensing Authorities involved.  They were also encouraged by the Driver’s full and frank admissions to the Licensing Officers and had placed significant weight on this factor in reaching their decision that the Driver remained a fit and proper person to hold a licence.

 

Furthermore, members were encouraged that since the conviction the Driver had taken steps to secure a second licensed vehicle which could be used if the Driver found himself in a similar position again.  Members had been satisfied with the remedial action taken in this regard.

 

Although in consideration of the overall circumstances members found that the Driver remained a fit and proper person to hold a licence, they considered that formal action of a written warning was appropriate due to the insurance related conviction obtained.  The written warning would remain on file with the Licensing Authority.

 

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