Issue - meetings

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

The Solicitor said this item would be dealt with in tandem with Item 4, Determination of a Hackney Carriage Vehicle Licence.

The Licensing and Compliance Officer gave a summary of the report. The driver had notified the Council that he had received a conditional offer of a fixed penalty for using a motor vehicle without third party insurance. He explained that his vehicle had broken down and he had borrowed a friend’s car for private use for a day. He was sure that his insurance covered him to do this. He was stopped by the Police and was told he was not insured to drive the car. The driver had accepted a £300 fine and 6 penalty points. The driver’s licence now came before members for them to determine whether he remained a ‘fit and proper’ person as he no longer met the Council’s licensing standards.

The driver said he apologised for everything that had happened. He had been certain he had been insured to use the vehicle otherwise he would not have opened himself up to the risk of doing so. It had been a busy day and he had had time to think much. He had managed to give away all his other jobs but didn’t want to let the customers down. He wished he could go back and was grateful that nothing more serious had happened.

B Drinkwater said the driver had been a good proprietor and took his responsibilities seriously. The case was a very serious matter but an inadvertent offence.

At 11.25, the Committee retired to make its decision.

At 12.05, the Committee returned.

The decision was read to those present.

DECISION NOTICE –

The application before the Panel today is for the suspension or revocation  of the driver’s  joint private hire/hackney carriage licence number PH/HC1697 under S61  (1) (b) Local Government (Miscellaneous Provisions) Act 1976.- any other reasonable cause. The licence is due to expire on 31^st July 2022 and the driver also holds a hackney carriage licence reference no HCV 072  (See post) due to expire upon the same date.

We have had the opportunity of reading two officer’s reports in this case, copies of which have been served on the driver, and we have also seen, as has he, the background documents annexed thereto.

On 11^th November 2019 the Licensing Department received an email from the driver notifying the Council that he had received a conditional offer of a fixed penalty notice for using a motor vehicle without third party insurance. He explained that his licensed vehicle had broken down and that he had borrowed a friend’s car for private use for a day. He was sure that his insurance covered him to do this.  He was stopped by the Police and was told he was not insured to drive the car. The conditional offer of diversion from the Courts was for a £300 fine and 6 penalty points. The Council replied by e-mail on 13 November 2019 explaining  ...  view the full minutes text for item 3