Agenda item

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 .

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.

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]