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. 517116.

RESOLVED that Driver No. 517116 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 persistent speeding convictions obtained and failure to disclose them as required.  A condition was also imposed on the Hackney Carriage and Private Hire Vehicle Driver’s Licence requiring the Driver to complete a speed awareness course to include a practical assessment in addition to any theory training provided within 3 months of the date of the decision notice.  Failure to comply with this condition could result in suspension of the licence.

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

(i)             the suitability of Driver No 517116 to hold a licence to drive hackney carriage and private hire vehicles following speeding convictions obtained in February 2024 which had not previously been declared, and June 2021 which had not previously been declared prior to submission of his renewal application;

(ii)            background information and associated documentation having been provided including details of the motoring convictions, record of interview with the Driver, together with his previous driving history and appearances before the Committee in relation to his original application in 2017;

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

(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 submitted that he had changed considerably since the original motoring convictions obtained in his youth from 1998 and did not accept there was a miscommunication with the Magistrates’ Court in 2017 as detailed in the report.  He explained he had not declared penalty points in 2021 due to a change in occupation but had declared those penalty points at a later stage.  The circumstances surrounding the February 2024 conviction were also explained.  Finally, the Driver provided assurances regarding his conduct as a licensed driver, tabled a number of references attesting to his good character, and apologised for not declaring the penalty points as required.  In response to questions the Driver elaborated on the circumstances of the speeding conviction and 3 penalty points and the management responsibilities in his current employment.

The Committee adjourned to consider the case and it was –

RESOLVED that Driver No. 517116 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 persistent speeding convictions obtained and failure to disclose them as required.  A condition was also imposed on the Hackney Carriage and Private Hire Vehicle Driver’s Licence requiring the Driver to complete a speed awareness course to include a practical assessment in addition to any theory training provided within 3 months of the date of the decision notice.  Failure to comply with this condition could result in suspension of the licence.

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

Members had carefully considered the evidence before them in reaching their decision.  The Committee’s decision was finely balanced but considered that the Driver did remain a fit and proper person to continue to hold a dual driver’s licence.

The Committee found the failure to disclose the pending conviction in the renewal application in December 2023 to be dishonest with the Driver having known about a pending conviction given he had immediately accepted the offer of a fine and penalty points.  The Committee also found the failure to disclose the penalty points within 7 days as required once it had been received to be deliberate and dishonest.

Although the Committee found the Driver had acted dishonestly as described above, the Committee considered that there were mitigating circumstances which went some way towards explaining why the conviction had not been disclosed within the appropriate time period as required.  The Committee was concerned by the Driver’s persistent speeding but were reassured that those convictions did not occur whilst driving a taxi with customers.  Notwithstanding, the Committee expected the Driver to always remain professional with regards to the driving standards.  Consequently, the Committee considered that it was appropriate to issue a written warning in respect of the persistent speeding and failure to notify the licensing authority of relevant matters at the appropriate times.  The Committee placed weight on the references provided and considered that overall, the Driver remained a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence. The written warning would remain on file with the Licensing Authority for consideration at the appropriate times.

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

The meeting concluded at 11.40 am.