Minutes:
The Sub-Committee considered areportpresented by the Licensing Officer (previouslycirculated) in which determinationwas sought inrespectofan application for a new Hackney CarriageDriver’s Licence
The Applicant attended the meetingin person,and answeredquestionsputto them by theSub-Committee.
Arisingfromconsiderationofthereport, evidence presentedandin accordancewith theCouncil’s procedurefor hearings,it was moved byCouncillor Hayes and secondedbyCouncillor Sanders, and
RESOLVEDthatthe application for a new HackneyCarriageDrivers Licencebe grantedunder Section 59 (1)(a) of theLocal Government (MiscellaneousProvisions) Act1976. The Sub-Committee felt that the conductofthe Applicant as setoutin theReport,supported its viewthatthey were afitandproper personto hold sucha Licence.
Reasonsfor thedecision:
Members noted the information set out in the Report relating to the Applicant’s previous convictions and the reasons why their application for a licence was previously refused. The Sub-Committee noted that whilst the Applicant’s convictions were spent, they are still considered relevant as the driving of taxis is a ‘Regulated Occupation’. As such questions may be asked as to the suitability of an individual to be granted a licence.
The Applicant answered questions from the Sub-Committee relating to their previous driving experience, how they would deal with difficult situations. They also emphasized to the sub-committee that since regaining their licence had received no further points on this. Their enhanced DBS check had also been provided as required by the Council.
When considering the Council’s Licensing Policy the sub-committee were mindful that each case much be decided on its own merits. Speeding offences are considered minor traffic offences under the Licensing Policy and if a driver is disqualified a Hackney Carriage or Private Hire vehicle driver’s licence may be granted after the restoration of the DVLA licence once a period of 12 months has elapsed since the expiry of the disqualification.
The Committee thanked the Applicant for appearing before them and noted that they appeared remorseful and regretted what had happened. The Sub-Committee felt that the Applicant’s attitude to the offences indicated that they were a fit and proper person to hold a licence. TheSub-Committee notedits overridingdutyto thepublic,and oftheimportanceof public safetybutconsideredthat,onbalance,there was no causeto showthatthe Applicant was not afitand proper persontoholda Licence.
Applyingthe testofwhether Members of the Sub-Committeewouldbehappyfora persontheycaredabout or avulnerablepersonto travel alonein avehiclewiththe Applicant, it wasconcluded after significant deliberation thatthey would.
Taking the Council’s Licensing Policy into consideration, along with the Applicant’s submissions, theSub-Committeeconsideredgiventhecircumstancesofthis casethatit bereasonableto approve the new HackneyCarriage Drivers Licence for a year as set out in the report. The Sub-Committee stressed the importance of reporting any incidents to the Licensing Team as they happened in accordance with the Council’s Licensing Policy and that should there be any concerns raised about the Applicant’s conduct they could be bought back before the Sub-Committee.