Agenda item

A report from the Executive Director (Operations) is attached.

Licence Holder 11/2022

The Executive Director (Operations) submitted a report relating to Licence Holder 11/2022 who was in attendance at the meeting alongside his friend to assist with any questions. 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 accepted by the Licence Holder and presented by the Licensing Manager, 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 the 12^th May 2014 until its expiry on the 11^th September 2024.

This Licence Holder submitted an online notification of a conviction to the Licensing Department on 11^th November 2022, attached at Appendix 1 in the private agenda pack. The Licence Holder produced his penalty letter which was dated 9^th November 2022 notifying him of the conviction attached at Appendix 2 in the pack.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Licence Holder. The Committee noted the explanation provided in relation to delayed return airline flights and the remorse by the Licence Holder along with paperwork evidence submitted. The Committee understood this was a serious offence and a professional driver even when using another car had the responsibility for insurance cover being in place and should have annual reminders in place.

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 admonish the licensee as to future conduct.  The Committee departed from Policy because they accepted that the flights from Pakistan were delayed due to floods, that this had caused a lapse in focus on the insurance. Also the fact that the car had been consistently insured for 3 years.  As it was a lapse the Committee departed from Policy.

Licence Holder 12/2022

The Executive Director (Operations) submitted a report relating to Licence Holder 12/2022 who was in attendance at the meeting. 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 accepted by the Licence Holder and presented by the Licensing Manager, set out the reasons for the Licence Holder being before the Committee.

The Licence Holder has held a private hire driver’s licence continually since the 6^th October 2006 and his current licence is not due to expire until the 21^st May 2025. This Licence Holder telephoned the Licensing Department to provide notification of a conviction on the 28^th November 2022. The Licence Holder informed the Deputy Licensing Officer that he had appeared in Court earlier that day. 

Delegated decision:

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

The Committee felt the Licence Holder did not meet the terms of a fit and proper person to drive a licensed vehicle. There had been previous offences in the past few years which seem to be escalating and this was a major offence resulting in a fine and 5 penalty points. As a professional driver they are expected to know and understand that incidents such as this should be reported within 24 hours to the police. He should have also reported the damage to the local council and insurers. It is unclear if he reported the damage traffic light to the car hire company and the insurance company. It was unclear why he had moved his car around the corner.  The Committee were not confident with the explanation provided and the inconsistence of the account. The Committee were also concerned at the speed he had entered the roundabout. The Committee took into account that this is a serious offence. No evidence had been provided to prove it had been reported to relevant authorities.

The gravity of the offence, the circumstances surrounding it and his recent record of offending raised the issue that the public were not safe to travel in his vehicle.

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 revoke the licence with immediate effect on the grounds of public safety.