Agenda item

APPLICATION FOR PUBLIC/PRIVATE HIRE DRIVER LICENCES

A report from Assistant Director (Localities) is attached.

Minutes:

                  The Licensing Unit Manager presented reports submitted by the Assistant Director (Localities) regarding applications for Public/Private Hire Vehicles Drivers’ Licences.

 

The Applicants were invited to attend the meeting for separate hearings and the Chair outlined the procedure to be followed.  The Applicants and their representatives were invited to address the Panel separately on their applications and any matters referred to in the Officer’s report. 

                  

1.                    Applicant 07/2015 attended the meeting with his legal representative Mr Allanson.  The Licensing Unit Manager read the report which was accepted by the Applicant and his representative. 

 

The Applicant and his legal representative addressed the Panel and expressed remorse for the incident and the embarrassment it had caused his family, concerning his conduct towards a young girl that had resulted in the revocation of his licence. He further explained the financial effect this had on himself and his family and that it was hoped that sufficient time had now passed since the incident in May 2012, for the Panel to consider granting him a licence again. Copies of personal and work references were submitted to the Panel along with a Certificate of a BTEC Award in Transporting Passengers by Taxi.

 

 

Delegated decision:

 

The Panel considered the written report and oral representations made by the Applicant and his representative Mr Allanson along with the written references and certificate submitted. The Panel noted the remorse shown by the Applicant; the length of time that had elapsed since the incident; and the reassurances given.

 

The Panel determined the Applicant to be a fit and proper person in accordance with the Local Government (Miscellaneous Provisions) Act 1976 and resolved, unanimously, to grant the application for a six month period.  The Applicant would not need to appear before the Panel again after this time if there was no breach of the conviction guidelines or other complaints against him during that period.

 

The licence holder was reminded of their right of appeal to the   Magistrates’ Court within 21 days.

 

 

2.                          Applicant 08/2015 attended the meeting and was accompanied by his wife and uncle.  The Licensing Unit Manager read the report which was accepted by the Applicant.  The Applicant, through his wife, addressed the Panel and expressed remorse before explaining that the circumstances of the offences of failing to stop after an accident and driving without due care. It was explained that the Applicant had initially panicked and was in shock after realising he had collided with a cyclist. He then telephoned a relative before returning to the scene of the accident. He had worked a 12 hour shift on the day in question and was due to finish when the accident occurred.

 

He further stated that he had no other convictions, now has his licence back and had learned from the punishment he received for the accident which had occurred 3 years ago.

 

              Delegated decision:

 

               That after carefullyconsidering the written report, the oral representations made by the Licence Holder and his wife and taking account of relevant policy and the Council’s Conviction Guidelines, the Panel determined the Applicant not to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and therefore resolved that the application for a Private Hire Driver’s Licence by applicant 08/2015 be refused.

 

The Panel noted the Applicants personal circumstances but found against the Applicant for the following reasons:

 

·         The offences were of a serious nature,

·         The Applicant had shown little remorse for the injuries to the cyclist involved,

·         The Applicant had committed the offences at a time when he was a relatively inexperienced driver,

·         The date of the subsequent reinstatement of the Applicant’s DVLA licence was less than 3 years ago and albeit not a disqualification, this is in line with the Conviction Guidelines.

 

               The Applicant was informed of their right of appeal to the Magistrates’ Court within 21 days.

 

 

3.   Applicant 09/2015 attended with his friend Mr Porter, the owner of

Harvey’s Taxis who provided a character reference for the Applicant. A further character reference from the Applicants wife was submitted at the meeting. The Licensing Unit Manager read the report which was accepted by the Applicant. 

 

The Applicant explained the offences listed within the report were all a result of being under the influence of alcohol and that he was remorseful for his past actions. He stated that he had put his past behind him and no longer drinks alcohol, which he acknowledged had always been the problem. He further stated that he has had no further convictions since the last one stated in the report in March 2011 and had never had any for drinking and driving.

 

Delegated decision:

 

               That after carefully considering the written report and oral representations made by the Applicant and his friend and taking account of relevant policy and the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and therefore resolved unanimously to grant the application for a six month period.  The Applicant would not need to appear before the Panel again after this time if there was no breach of the conviction guidelines or other complaints against him during that period.

 

               The Applicant was informed of their right of appeal to the Magistrates’ Court within 21 days.