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. 15/0833/TXJDR.

RESOLVED that a formal warning be issued to Driver No. 15/0833/TXJDR as to his future conduct.

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.