Agenda item

Suspension/Revocation of Hackney Carriage Driver's Licence

Report from Assistant Director of Legal and Democratic Services attached.

 

Minutes:

1. Licence holder 01/2018 attended the meeting and was accompanied by his wife.

 

       The Chair outlined the procedure to be followed and the Licensing Unit   Manager presented a report submitted by the Assistant Director Legal and Democratic Services, which was accepted by the Licence Holder. This explained that the Licence Holder had been given a warning under the Police Reform Act 2002 for driving in excess of 70 mph in a 30 zone, whilst driving with a passenger through Bury Town Centre in the early hours of the morning in April 2018.

 

        The Licence Holder’s addressed the Panel and explained that he had been in desperate need of the toilet and had not realised the speed he was doing. Although he was unaware that he had been speeding he did accept the Police’s warning and was apologetic for his actions. He also indicated that he has a hereditary condition that means he needs to urinate regularly.

 

 

 

        Delegated Decision:

 

                The Panel carefully considered the report and the oral representations provided by the Licence Holder 01/2018 and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved not to revoke or suspend the drivers licence.

 

                The Panel noted that a section 59 Police Reform Act warning did not constitute a formal caution. The Panel acknowledged the driver’s reason was the result of an inherited condition within his family and noted that he had no previous history of speeding.  They also noted his apology and remorse and that the incident had taken place at a quiet time of the day.

                   

                The Chair reiterated to the Licence Holder his legal obligation to ensure the safety of passengers and instructed, on behalf of the Panel, that he undertake a practical driving assessment for taxi drivers provided by one of the Council’s approved driver training companies within the next 6 months.

 

2.   The Chair reported that following a request from the representative of driver 02/2018 the matter had been deferred to the next meeting of this Panel.

 

3.   Licence holder 03/2018 attended the meeting and was accompanied by a friend.

 

The Chair outlined the procedure to be followed and the Licensing Unit   Manager presented a report submitted by the Assistant Director Legal and Democratic Services, which was accepted by the Licence Holder. This explained that the Licence Holder had voluntarily advised the Licensing Service that he had received a disqualification from driving for speeding as a result of having accrued 12 penalty points. Further he had advised that he had appealed this decision and was awaiting the hearing but had had his licence returned in the meantime. Further enquiries were made but the Licensing Service which revealed that the Licence Holder also had a conviction in 2014 and two in 2015 for speeding. These latter convictions had not been disclosed by the Licence Holder.

 

The Licence Holder addressed the Panel and apologised for his actions. He explained that despite the speeding offences, he was a safe driver who never knowingly exceeded the speed limit. His friend who was in attendance confirmed this view that the he was a safe driver. A number of personal references from customers was submitted to the Panel in support of the Licence Holder.

 

The report submitted to the Panel highlighted the number of undisclosed speeding convictions. In response to questions from the Panel, the Licence Holder was apologetic for the oversight but unable to give a reason why the offences had not been declared. His friend explained that the Licence Holder would not have deliberately tried to conceal the offences and stated that he was not great with paperwork.

 

 

        Delegated decision:

 

                The Panel carefully considered the report, oral representations and references submitted by the Licence Holder 03/2018 and taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, to suspend the driver’s licence and operator’s licence for a period of 2 months and instructed him to undertake the practical driving assessment for taxi drivers provided by one of the Council’s approved driver training.

               

The Panel found as follows;

 

·         That public safety is paramount and that the Licence Holder had shown little contrition in respect of the seriousness of speeding.

 

·         The Licence Holder had been a licenced private hire driver and licensed operator for 10 years and should be aware of the requirement to disclose any offences to the Licensing Department.

 

·         The offences were of a serious nature and been committed within a short period of time.

 

·         The Licence Holder had regularly ignored the requirement clearly set out in the documentation, to disclose convictions to the Council, as required by the renewal of both licences he held.

 

The Licence Holder was notified of the right to appeal to the Magistrates’ Court within 21 days.