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 Vehicle Driver’s Licence.
The Applicant attended the meeting in person and 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 Rollason, and
RESOLVED that the application for a new combined Hackney Carriage Vehicle Drivers Licence be granted under Section 51 (1)(a) and Section 59 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976. The Sub-Committee felt that the conduct of the Applicant as set out in the Report and supporting documents, along with representations made, supported its view that they are 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 or attempting to drive with alcohol level above limit in February 2020, along with the current licence endorsement for exceeding the speed limit on a motorway in January 2022. The Sub-Committee noted that the convictions are 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 Sub-Committee were also informed that the Applicant had disclosed one of two convictions on his application.
In response to questioning the Applicant explained to the Sub-Committee that he had disclosed the two convictions but for some reason one had not shown up, he is unsure why but there was no intention to mislead the Licensing Officers.
The Applicant further went on to explain the reasons for his conviction for driving or attempting to drive with alcohol level above limit. He had been drinking the night before and was stopped by police the following morning for being over the limit. He received a fine and disqualification for 17months and the length of disqualification had been reduced following the completion of a course. The Applicant said this course had opened his eyes to the seriousness of what he had done even if this had been unintentional.
The Sub-Committee heard that the conviction has changed his whole life, and he deeply regrets what happened. He lost his job as a taxi driver and now very rarely drinks. He also has a daughter to support along with his partner and he wants to find better paid and more stable work to be able to do this which is what he hopes the taxi driver’s licence will provide.
The Sub-Committee thanked the Applicant for appearing before them and for answering their questions. The Sub-Committee noted the Applicant’s history and that the offence had happened in 2020. They accepted that he appeared to be remorseful, had not intentionally set out to drive whilst over the limit and had completed the period of disqualification along with an additional course to reduce this sentence. Other than the one offence of speeding in January 2022, there have been no other causes for concern raised. The Sub-Committee understood that he had previously worked as a taxi driver and wanted to get back to a career he enjoyed and feels he is good at. Whilst a person’s livelihood and impact on family is not a consideration to be taken into account, the Sub-Committee could understand the Applicant’s desire to rebuild his life and move forward.
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 be. The Sub-Committee noted its overriding duty to the public, and of the importance of public safety and considered that, on balance, there was no cause to show that the Applicant was not a fit and proper person to hold a Licence. The Sub-Committee considered Government guidance along with guidance from the Institute of Licensing that a licence not be granted until at least 7 years have elapsed since the completion of any sentence or driving ban, but felt on this occasion the Applicant had shown sufficient remorse and understanding of the severity of the offence committed, along with completing the necessary course to educate himself to avoid making the same mistake again and to reduce his driving ban.
The Sub-Committee therefore considered given the circumstances of this case that it be reasonable to grant the Applicant’s request for a new combined Hackney Carriage / Private Hire Drivers Licence. The Sub-Committee stressed to the Applicant that if there was any cause for concern then he could be put back before the Sub-Committee and have his licence reviewed.