Agenda item

Licence Holder 34/2021

The Executive Director (Operations) submitted a report relating to Licence Holder 34/2021 who was in attendance at the meeting alongside his representative Mr Oakes. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report. The report, which was presented by the Licensing Unit Manager, was accepted by the Licence Holder and his representative. This set out the reasons for the Licence Holder being before the Committee.

The report stated that the Licence Holder had held a private hire driver’s licence

continually since 21 December 2015 until its expiry on the 29 July 2021. When he submitted an application to renew his private hire drivers’ licence on the 5 July 2021, he was told that he could not proceed until he had completed the mandatory safeguarding training and obtained medical certification that he was fit to drive a private hire vehicle following an earlier heart attack. The medical certificate confirming his fitness to drive was received , but although he undertook safeguarding training on the 9 September 2021, confirmation of this was not obtained until December 2021 as the Applicant alleged, he never received his certificate.

In addition, as part of the initial online application he selected ‘no’ when asked “Do you have any convictions, fines or formal cautions?” and ‘no’ when asked “Have you been issued with any fixed Penalty notices. A subsequent check of Licence Holders DVLA driving licence indicated that he had in fact a conviction for speeding on 4 July 2021 for which he was fined £100 and given 3 penalty points. Although the offence was committed just before the Licence Holder submitted his renewal; he would have received written confirmation of the offence and had plenty of opportunity to notify the licensing service prior to the licensing service checking his DVLA record on the 17 January 2022. However, the Licensing Service had no record of this offence. Consequently, it was not declared within the correct time frame as stipulated in the private hire drivers licence conditions.

Mr Oakes advised the committee that the Licence Holder was very stressed by this situation and realised his mistake in not declaring the offence as he was driving a personal car and not working as a taxi driver at the time and had no intention of returning to private hire work. He did not believe he was required to notify the Licensing Service and has offered his apologies.

He has recently been unwell and is struggling financially which is why he is wishing to return to taxi work.

Upon questioning by the Licensing Manager, the Licence Holder stated that he had read and understood the licence conditions.

Delegated decision:

The Committee carefully considered the report and oral representations by the Licence Holder and their representative.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the committee resolved to take no action against the Licence Holder and to grant a licence for a three year period whilst reminding him of his responsibility to declare any future convictions within the timescales printed on the licence.