Agenda item
REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 14/0859/TXJDR
To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 14/0859/TXJDR .
Decision:
RESOLVED that the hackney carriage and private hire vehicle driver’s licence issued to Driver No. 14/0859/TXJDR be revoked on
public safety grounds with immediate effect.
Minutes:
A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon –
(i) the suitability of Driver No. 14/0859/TXJDR to hold a licence to drive hackney carriage and private hire vehicles following accrual of 37 penalty points under the Council’s penalty point scheme for parking a licensed vehicle in contravention of parking regulations, driving an unlicensed vehicle and driving the vehicle with two defective tyres;
(ii) details of the incidents spanning May – July 2015 having been included within the report (a summary of facts together with associated witness statements and documentation had been attached to the report), and
(iii) the Driver having been invited to attend the meeting in support of his licence review and to answer members’ questions thereon.
The Driver confirmed he had received the
report and committee procedures. The
Enforcement Officer introduced the report and detailed the facts of the
case. In cases where 20 or more penalty
points had been accrued in a 24 month period the matter was referred to
committee for review.
The Driver presented his case and explained
he had made no deliberate attempt to deceive but had overlooked the fact that
his vehicle licence had lapsed and the tyre defects had not been clearly visible because they had
been worn on the inside. With regard to
the parking ticket he explained that he had exceeded the permitted time. He referred to his previously unblemished
record and apologised for his misdemeanors. When questioned, the Driver advised that he
was owner/driver of the licensed vehicle but operated via a taxi company. In making his final statement the Driver
advised that taxi driving was his livelihood and he could not afford a
suspension or revocation of this licence.
The committee adjourned to consider the case
and it was –
RESOLVED that the hackney carriage and private hire vehicle driver’s licence issued to Driver No. 14/0859/TXJDR be revoked on
public safety grounds with immediate effect.
The reasons for the Licensing Committee’s
decision were as follows –
Members carefully considered the evidence
presented and representations made by the Driver in support of his case. It was found that the Driver had failed to
submit the vehicle for a compliance check, had driven the vehicle some three
months after the licence had expired and therefore
uninsured, and that the vehicle was in a defective and dangerous state when
presented for inspection. These factors
contributed to a finding that the licence should be
revoked with immediate effect in the interests of public safety. As a result of the Driver’s conduct members
considered him to be a risk to public safety and not a fit and proper person to
hold a hackney carriage/private hire vehicle driver’s licence.
The committee’s decision and reasons
therefore were conveyed to the Driver and he was advised of his right to appeal
against the decision to the Magistrates Court.
[Councillor Pete
Prendergast took no part in the discussion or voting on this matter as he had
not been present throughout the duration of the item]
Supporting documents:
- Restricted enclosure View the reasons why document 5./1 is restricted
- Restricted enclosure View the reasons why document 5./2 is restricted
- Restricted enclosure View the reasons why document 5./3 is restricted
- Restricted enclosure View the reasons why document 5./4 is restricted
- Restricted enclosure View the reasons why document 5./5 is restricted
- Restricted enclosure View the reasons why document 5./6 is restricted
- Restricted enclosure View the reasons why document 5./7 is restricted
- Restricted enclosure View the reasons why document 5./8 is restricted
- Restricted enclosure View the reasons why document 5./9 is restricted
- Restricted enclosure View the reasons why document 5./10 is restricted