Agenda item

SUSPENSION/ REVOCATION OF PRIVATE HIRE DRIVER LICENCE

Minutes:

                   The Licensing Unit Manager presented a report submitted by the Executive Director (Operations) regarding the revocation of a Private Hire Vehicle Driver’s Licence.

 

                   Applicant 18/2019 attended the meeting and was accompanied by Mr Charles Oakes, Chair of the Hackney Carriage Drivers Association.

 

The Chair made introductions and 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 held private hire drivers licenses since 13th July 2011. However records show the applicant has not held his badge concurrently and there has been short periods between the issuing of each licence. The Applicant’s licence was issued for three years on the 21/11/2016 and expired on the 22/11/2019. Therefore the applicant attended the Licensing Service to renew his private hire driver’s licence on the 20/11/2019. He completed a renewal application form on which he stated that since his last application he had not incurred any convictions, fines or police cautions. He did not have his DBS certificate with him. The licensing advisor carried out an online check of this drivers DVLA driving licence and the following two convictions became apparent; MS90 – failure to identify the driver of a vehicle and SP30 resulting in 6 penalty points and a £660 fine and Exceeding statutory speed limit on a public road which resulted in 3 points and a £220 fine.

 

                   The Applicant did not notify the Service of the offences as required by the Private Hire driver licence conditions, which should have done so within 7 days.

 

                   The applicant addressed the Panel and explained that following a bereavement he went away on a spiritual journey abroad (for over 1 year). Before going abroad he was aware of the speeding fine, however, was intending to undertake the voluntary course to reduce this penalty. The applicant then concluded that due to being away he forgot to attend a course and thus incurred the full fine and points as shown above. The applicant stated he did contact the Licensing Service by phone whilst abroad and was informed nothing further was required. The Licensing Unit Manager explained that there is no audit trail or record of this on the file and it is not protocol to take this information over the phone, it must be in writing as specified in the terms and conditions.

 

                   When asked why he had not declared the offences in writing or on the new application, the Applicant explained that it has been a busy time for him being abroad, getting married and now expecting his first child. He also advised no one checked the multiple letters he received whilst abroad and it therefore slipped his mind.

                  

                   Delegated decision:

 

                   The Panel carefully considered the report, the oral representations by the Applicant and his representative and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, resolved, unanimously, that the application for a Private Hire driver’s licence by Applicant 18/2019 be refused.

 

                   The Panel noted;

·         that the convictions were not declared in writing within 7 days

·         that the Applicant had failed to declare them again on the renewal of his license application

·         that the Applicant had multiple variations of when he was aware of the convictions