Minutes:
TheSub-Committee gaveconsiderationtoa reportpresented by the Licensing Officer (previouslycirculated) in which determinationwas sought inrespectofan application for a new combined Hackney Carriage / Private Hire Driver’s Licence.
The Applicant attended the meetingin person and did not bring a representative and he answeredquestionsputto himby theSub-Committee.
Arisingfromconsiderationofthereport, evidence presentedandin accordancewith theCouncil’s procedurefor hearings,it was moved byCouncillor Hayes and secondedbyCouncillor Peart, and
RESOLVEDthat the application for a new combined HackneyCarriage / Private HireDrivers Licencebe grantedunder Section 51 (1)(a) and Section 59 (1)(a) of theLocal Government (MiscellaneousProvisions) Act1976. The Sub-Committee felt that the conductofthe Applicant as setoutin theReport and during the meeting,supported its viewthatthey are afitandproper personto hold sucha Licence.
Reasonsfor thedecision:
Members noted the information set out in the report and read out by the Licensing Officer who highlighted that the Sub-Committee and the Licensing Authority have a duty towards the public in ensuring licensed drivers are fit and proper. This is considered under the balance of probabilities test and if there is any doubt as to the Applicant’s fitness to be a taxi driver then a licence should not be given.
The Licensing Officer continued and set out that a licence has been applied for in November 2025 and the Applicant had disclosed the 9 points on his licence in the application. The Applicant was interviewed in January 2026 and correctly answered all questions asked by the Licensing Officers. The Applicant has passed a Taxi Driver assessment on 4 December 2025 with a fault for speed.
The Licensing Officer continued and confirmed that the recommendation to the Sub-Committee is to grant the licence request but with additional conditions on the licence as a safeguarding measure due to the points already received. Examples of suggested conditions were included within the report.
The Sub-Committee then heard from the Applicant who expressed remorse for the number of points on his licence. He then explained that these all occurred within a short time frame and during a time when his mental health was suffering. These issues have now improved. These were honest mistakes, and he is still paying for it now.
The Applicant explained he had been driving for many years and first obtained his licence when he was in the army. Since leaving he has been driving HGVs for a living but has recently stopped as he wants a career change. He has chosen to drive taxis and he has a job offer waiting should the licence be granted.
The Sub-Committee thanked the Applicant for appearing before them and noted that he appeared remorseful. When taking into account all factors combined the committee considered that the Applicant was a fit and proper person to hold a licence but felt that due to the current number of points for speeding some additional conditions on the taxi driver’s licence were necessary.
Members noted that the Applicant had been driving for many years without incident but had appeared to have a short period of time where things had gone wrong. The Sub-Committee felt that granting the licence for one year instead of the three requested would give the Applicant a reasonable period to show he is able to drive safely and, should there be no further incidents, he will be able to apply for a three-year licence when it comes to renewing.
The Sub-Committee also felt that an accredited speed awareness / driver improvement course should be undertaken within the first three months of the licence and proof provided to the Licensing Officers of passing this. The Sub-Committee also wanted to reserve the right for the Licensing Officers to request that the Applicant undergoes a refresher driving assessment course within the first 6 months of the licence if they feel it is necessary. The Sub-Committee further wanted to highlight and make the Applicant aware of the need for future compliance with road traffic laws and licensing conditions and the seriousness of not complying with could result in consequences such as having the driver’s licence reviewed if there are any concerns raised.
Applyingthe testofwhether Members of the Sub-Committeewouldbehappyfora persontheycaredabout or avulnerablepersonto travel alonein avehiclewiththe Applicant, it wasconcluded after significant deliberation thatthey would be but with the additional conditions. TheSub-Committee notedits overridingdutyto thepublic,and oftheimportanceof public safetyandconsideredthat,onbalance,there was no causeto showthat the Applicant was not a fitand proper persontoholda Licence at this time.
TheSub-Committeetherefore consideredgiventhecircumstancesofthis casethatit bereasonableandproportionate to grantthe application for a new combinedHackneyCarriage / Private Hire Drivers Licence but with the additional conditions as stated above.