Minutes:
The Licensing Officer:
a) stated that the licensee held a private hire drivers licence since 29 June 2022.
b) highlighted that the licensee contacted a member of the Licensing Team on 16 March 2023 to inform them he had received a further 3 penalty points. A copy of the contact was attached at Appendix A to the report.
c) explained that a DVLA check was requested which showed endorsements that totalled 9 penalty points for one SP30 offence and one CU80 offence.
d) added that within the Hackney Carriage and Private Hire Licensing Policy, it stated the following in relation to penalty points and taking a stepped approach to driver license enforcement:
‘If a driver receives 9 or more penalty points for minor or some hybrid traffic offences, the matter will be referred to the Hackney Carriage and Private Hire Sub-Committee for a hearing. The driver will be expected to address the issues before the Sub-Committee’.
e) added that within the Hackney Carriage and Private Hire Standards, which were adopted in March 2022, it stated the following in relation to using a handheld device whilst driving:
‘Where an applicant has a conviction for using a hand-held mobile telephone or a handheld device whilst driving, a licence will not be granted until at least five years have elapsed since the conviction or completion of any sentence or driving ban imposed, whichever is the later’.
f) requested Members determined whether the licensee was a fit and proper person to hold a Private Hire driver’s license and provide full and frank reasons for the decision.
The licensee confirmed to the Sub-Committee that he had been told in a letter that he could take legal advice about this matter.
The Sub-Committee asked the licensee appropriate questions to determine whether he was a fit and proper person to continue to hold a Private Hire licence.
The decision was made as follows:
The Sub-Committee was not prepared to depart from the Policy and to risk the safety of the public by granting the retention of the licensee’s Private Hire driver’s licence. Therefore, the licence was revoked with the licensee being able to re-apply in 12 months’ time.
Reason for the decision:
a) The applicant had failed to persuade the Sub-Committee that his circumstances justified a departure from the Council’s Hackney Carriage & Private Hire Licensing Policy and Hackney Carriage and Private Hire Standards.
b) The Sub-Committee was sympathetic to the licensee’s personal circumstances but was of the view that the offences had been serious and the CU80 offence had occurred only 3 days prior to his license being granted.
c) The safety of all passengers was the primary consideration within deliberations and the accumulation of 9 points in a short period of six months concerned the Sub-Committee.
d) The reference received for the licensee was extremely complimentary and was considered with weight.
e) The licensee had discussed the circumstances of the offences listed at 3.3 of the report openly and answered all questions asked. He appeared genuinely remorseful.
f) The Sub-Committee was not minded to depart from Policy and the Hackney Carriage and Private Hire Standards. However, given the genuine remorse demonstrated and the complimentary reference received, the Sub-Committee agreed to exercise discretion and grant the licensee the right to re-apply in one year instead of five years.