A report from the Executive Director (Operations) is attached.
Minutes:
SUSPENSION/REVOCATION for a Hackney Carriage/Private Hire Driver licence
Applicant 12/2020
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the suspension or revocation of a Private Hire Vehicle Driver’s Licence.
Applicant 12/2020 attended the meeting alone.
The Chair made introductions and Mike Caveney, Solicitor explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report. The report, which was accepted by the Applicant, explained that the client has been a licensed Private Hire Driver with this Authority since 19/06/2007 and has renewed his licence continuously.
On 19th August 2020, this client made an online application to renew his Private Hire Drivers licence. The client answered No to the question “do you have any convictions, fines or formal cautions”. However when a licensing advisor checked the client’s driving licence the following conviction was found, SP30 Exceeding statutory speed limit on a public road. When the Licensing Departments computer systems were checked, this client had also not informed us of this conviction in writing within seven days as per the Private Hire Drivers Licence conditions.
The client stated that he apologises and regrets the oversight. He explained that it had been a long time since he received the conviction and could not recall if he did declare it or not. He admitted that he had made an error in the process of not declaring the conviction and stated that he had misread the question on the application form and thought that it only referred to declaring criminal convictions. The client did state he now understands the correct process and will be careful to not make the same mistake again.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Licence Holder and his representative and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the licensee as to future conduct and renew his licence.
The Panel noted that;
· the Licence Holder was remorseful
· the license Holder did not intend to be deceitful
· the License Holder now understands the correct process
· the Licensing and Safety Panel would have made the same decision if disclosed when he should have and so the License holder is not benefiting from none disclosure.
· The license holder will receive a warning letter
Applicant 13/2020
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the suspension or revocation of a Private Hire Vehicle Driver’s Licence.
Applicant 13/2020 attended the meeting alone.
The Chair made introductions and Mike Caveney, Solicitor explained the procedure and ensured that the Applicant and members of the Licensing and Safety Panel had all read the report. The report, which was accepted by the Applicant, explained that the client has been a licensed Private Hire Driver with this Authority since 23/01/2004 and has renewed his licence continuously. On 27th August 2020, this client made an online application to renew his Private Hire Drivers licence.
The screen explains that any traffic offences must be declared irrespective of when they occurred. The client answered No to the question “do you have any convictions, fines or formal cautions”. However when a licensing advisor checked the client’s driving licence the following conviction was found, CD20 Driving without reasonable consideration for other road users. When the Licensing Departments computer systems were checked, this client had also not informed us of this conviction in writing within seven days as per the Private Hire Drivers Licence conditions.
When the driver was questioned on his reasoning for forgetting to declare on a previous occasion in 2010 who could not remember.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Licence Holder and his representative and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the licensee as to future conduct and renew his licence.
The Panel noted that;
· the Licence Holder was remorseful
· the license Holder did not intend to be deceitful
· the License Holder now understands the correct process
· the previous failure to declare was not dealt with by a Licensing and Safety Panel
· the Licensing and Safety Panel would have made the same decision if disclosed when he should have and so the License holder is not benefiting from none disclosure.
· the license holder will receive a warning letter
Applicant 14/2020
The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the suspension or revocation of a Private Hire Vehicle Driver’s Licence.
Applicant 14/2020 attended the meeting with a representative, Mr Ahmed.
The Chair made introductions and Mike Caveney, Solicitor explained the procedure and ensured that the Applicant, his representative and members of the Licensing and Safety Panel had all read the report. The report, which was accepted by the Applicant and his representative, explained that the client has held a private hire driver’s licence since 29th September 2017. This client submitted an online application to renew his current drivers licence on the 25th August 2020.
The client selected no when asked “Do you have any convictions, fines or formal cautions?”. On the 26th August 2020 the service received documentation in support of this application. One of the documents was a copy of this client’s DVLA driving licence record which indicated the following offence: SP30 - Exceeding statutory speed limit on a public road. The licensing service was not aware of this offence. This client has therefore failed to declare this motoring conviction within the correct time frame as stipulated in his private hire driver’s licence conditions.
The client accepts he is wholly responsible for the speeding offence and stated that he forgot that he was under a duty to inform the licensing service of the motoring offence. Mr Ahmed, informed the panel that the driver uses his vehicle for personal use too as this is the household’s only car.
Delegated decision:
The Panel carefully considered the report, the oral and written representations by the Licence Holder and his representative and after taking into account Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to admonish the licensee as to future conduct and renew his licence.
The Panel noted that;
· the Licence Holder was remorseful
· the license Holder did not intend to be deceitful
· the License Holder now understands the correct process
· the license holder will receive a warning letter