Agenda item

To determine a private hire/hackney carriage driver's licence.

The procedure for determining private hire drivers’ licences was read to the applicant. The Committee considered the report of the Licensing Officer.

At the invitation of the Chairman, the driver made a statement to the Committee. The driver said that he had applied to be licensed by Uttlesford as there was too much competition in his previous area of operation in Norfolk. He said he had a job waiting for him if granted a licence which would help support his family as he expected more regular work.

Councillor Gerard asked if the investigation into the scrapped car and the subsequent six points the driver had received had come to a conclusion. The driver said it had not and the six points were still on his licence. The Chairman said he was surprised that the court had found him guilty when he had a receipt proving that the car had been scrapped. The driver said this was the result of him being unable to identify who was driving the car as well as the court being unable to track down the scrap company who had issued the receipt.

In response to a question from Councillor Gerard, the driver said he had received a six month driving ban in the distant past. The Chairman said this ban had not been declared in the background papers provided; the Licensing Officer confirmed that he had not declared this offence. The driver said he thought the ban was irrelevant as it had happened many years ago and he had maintained a clean driving licence for the past six or seven years. He added that the ban was due to a culmination of speeding offences under the ‘totting up’ system.

At 10.20, the Committee withdrew to make its determination.

At 10.55, the Committee returned and read the decision to the driver.    

DECISION

The driver has applied to the council for a joint private hire/hackney carriage driver’s licence.  On his application form he disclosed a driving offence for which he received a fine and 6 points, details of which are set out in the officer’s report. By virtue of the 6 point endorsement, the driver does not meet the council’s licensing standards.

Where an applicant does not meet licensing standards it is for the applicant to make their case that the council should depart from its policy.  Essentially the applicant must demonstrate that notwithstanding the fact that he fails to meet the council’s licensing policy he is a fit and proper person.

Members note that the circumstances of the offence.  However, the driver has not provided any additional information to support his explanation of events, and in the circumstances, Members cannot go behind the conviction, and have to accept it as stated.

In addition, Members are particularly concerned to have heard during the course of this hearing that in fact the driver failed to complete his application form correctly and truthfully, by failing to disclose that he had been disqualified from driving as a result of a number of speeding offences under the totting up procedure.

Whilst the disqualification itself would not have been relevant as the driver would still have met licensing standards, the failure to declare it could amount to a criminal offence of making a false declaration to obtain a licence, and Members are unhappy with the dishonesty, whether knowing or reckless. The driver’s explanation that he did not think it was relevant is no excuse, as the questions on the application for are clear.

In the circumstances, members are not satisfied that the driver is a fit and proper person and that it is therefore not appropriate to make a departure from its policy. The driver will not be granted a driver’s licence.