Agenda item
REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 15/0833/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. 15/0833/TXJDR.
Decision:
RESOLVED that a formal warning be issued to Driver No.
15/0833/TXJDR as to his future conduct.
Minutes:
A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon –
(i)
the
suitability of Driver No. 15/0833/TXJDR to hold a licence to drive hackney
carriage and private hire vehicles following accrual of 20 penalty points under
the Council’s penalty point scheme for driving an unlicensed vehicle;
(ii)
details
and circumstances relating to the offence having been provided (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 was in attendance at the meeting
together with his representative and confirmed he had received the report and
committee procedures. The Senior
Community Safety Enforcement Officer (TWE) 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’s representative explained it was
usual practice for a renewal reminder to be sent to licence
holders which had not happened in this case.
The failure to renew was a genuine oversight on the Driver’s part for
which he apologised and had since taken steps to
ensure the matter would not be repeated by investing in a wall planner to act
as an aide-memoire.
Members questioned the Driver on the
circumstances of the case and assurances were provided that the vehicle was
kept in immaculate condition and regular checks did take place but the expiry
date on the licence place had been overlooked. A letter from the Driver’s insurance company
(circulated at the meeting) advised that there had been no break in cover and
should a claim have arisen during the expiration period it would have been
treated on its merits. With regard to
the renewal reminders officers confirmed it was customary to send reminders but
due to the manual system used at the time no confirmation could be given as to
whether a reminder was sent in this case or where it would have been sent to.
In making a final statement the Driver’s
representative reiterated that the failure to renew the licence
had been a genuine oversight and a mechanism was now in place to ensure it
would not be repeated. He referred to
the Driver’s previous good conduct and investment he had made in the vehicle
and its ongoing maintenance.
The committee adjourned to consider the case
and it was –
RESOLVED that a formal warning be issued to Driver No.
15/0833/TXJDR as to his future conduct.
The reasons for the Licensing Committee’s
decision were as follows –
Members considered the report and case put
forward by the Driver and his response to questions. It was impossible to determine whether or not
the Driver had received the renewal reminder due to the process in place at the
time and his subsequent change of address.
However it was the Driver’s responsibility to ensure that he had a valid
licence in place at all times. The committee accepted that no deliberate
attempt had been made to deceive and noted the steps taken by the Driver to
mitigate any lapse in the future.
Consequently members considered the Driver to be a fit and proper person
to hold a licence and that a stern warning would be
appropriate in this case. Further the
Driver was reminded to undertake daily checks of his vehicle which would
include checking the expiry date of his licence
plate. Any further appearance before the
committee would be viewed extremely seriously.
Supporting documents:
- Restricted enclosure View the reasons why document 7./1 is restricted
- Restricted enclosure View the reasons why document 7./2 is restricted