Minutes:
The Sub-Committee gave consideration to a report presented by the Licensing Officer (previously circulated) in which determination was sought in respect of an application for a new Combined Hackney Carriage/Private Hire Driver’s Licence.
The Applicant attended the meeting in person, and he answered questions put to him by the Sub-Committee.
Arising from consideration of the report, evidence presented and in accordance with the Council’s procedure for hearings, it was moved by Councillor Hayes and seconded by Councillor Peart, and
RESOLVED that the application for a new Combined Hackney Carriage/Private Hire Drivers Licence be granted for 12 months under Section 53 (1)(a) and Section 53 (1)(b) of the Local Government (Miscellaneous Provisions) Act 1976. The Sub-Committee felt that the conduct of the Applicant as set out in the Report, supported its view that the Applicant was a fit and proper person to hold such a Licence.
Reasons for the decision:
Members noted the information set out in the Report relating to the Applicant’s conviction for driving with no insurance and the reasons why the application for a licence had been refused by the Licensing Manager. The Sub-Committee noted that the Applicant’s conviction is 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.
In answer to the Sub-Committee’s questions the Applicant explained that he had received the 6 points for driving a vehicle uninsured against third party risks. The Applicant had borrowed a friend’s car to deliver food. The Applicant had his own insurance and trusted his friend’s word that the borrowed car was also insured. The Applicant was stopped by the police shortly after starting to drive and informed that the borrowed car was uninsured. The Applicant did not go to court and received 6 points and a fine. The Applicant accepted that looking back he should have checked the car was insured before driving but he trusted his friend and feels completely let down by him and he has not spoken to this person since. The Applicant confirmed that he has always had his own insurance and would always check properly before driving a car that is not his in future.
When considering the Council’s Licensing Policy, the sub-committee were mindful that each case must be decided on its own merits. The Licensing Manager considered driving with no insurance to be a major offence under the Council’s Licensing Policy. Usually, an isolated incident would merit a warning, but the Licensing Manager felt that the driver had failed to show due diligence to protect both himself and members of the public and as such was not a fit and proper person to hold a licence.
The Committee thanked the Applicant for appearing before them and noted that he appeared remorseful and regretted what had happened. The Applicant has been upfront about his conviction and, after hearing the Applicant’s submissions, the Sub-Committee felt that this indicated that he was a fit and proper person to hold a licence. The Sub-Committee noted its overriding duty to the public, and of the importance of public safety but considered that, on balance, there was no cause to show that the Applicant was not a fit and proper person to hold a Licence.
Applying the test of whether Members of the Sub-Committee would be happy for a person they cared about or a vulnerable person to travel alone in a vehicle with the Applicant, it was concluded after significant deliberation that they would.
Taking the Council’s Licensing Policy into consideration, along with the Applicant’s submissions, the Sub-Committee considered given the circumstances of this case that it be reasonable to approve the Applicant’s application for a new combined Hackney Carriage/Private Hire Drivers Licence for one year following receipt of all necessary paperwork by the Licensing team.
The Sub-Committee noted that the applicant had applied for a three-year licence however felt that as the offence was still relatively recent having taken place in November 2022, and he still had 6 points on his licence which do not expire until November 2025, along with being a new applicant, it would be reasonable to grant the licence only for a year which can then be reviewed upon reapplication.
The Sub-Committee stressed that should there be any concerns raised about the Applicant’s conduct he could be brought back before the Sub-Committee.