Agenda item

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

The procedure for determining a private hire/hackney carriage licence was read to the applicant.

The panel considered the Licensing Officer’s report.

The applicant did not meet the Council’s licensing standards as point 3 of the Licensing Standards – Drivers states that “where a driver has been disqualified from driving for any reason a licence will not normally be granted for 3 years after the disqualification has expired or 12 months after the date the driver’s licence is re-issued whichever is the later”.

The applicant said the judge had been sympathetic to his case as the speed restrictions were not well sign-posted. He had informed the insurance company immediately and received a two week ban.

At 12:05, the Committee retired to make its decision.

At 12:15, the Committee returned.

The decision was read to the applicant.

Decision:

The applicant’s application dated 6^th March 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has an offer of part-time employment from CSL Ltd at Takeley, driving a Mercedes Vito car for VIP clients. He would undertake this alongside working in his own business as a security consultant.

Question 10 on the Council’s application form asks whether applicants have been disqualified from driving or had their licence revoked. The applicant answered ‘yes’ to this question. Question 11 asks applicants whether their licence has been endorsed for a fixed penalty offence within the last 4 years. The applicant answered ‘yes’ to this question, but clarified that he was convicted of an SP30 offence and had his licence endorsed with 6 points. He had then applied for a review of his case under S142 MCA 1980 and had agreed to take a 14 day suspension instead and have the points removed from his licence. The Council’s Drivercheck dated 7 March 2018 confirmed a SP30 offence on 12 January 2016 with a conviction date of 17 August 2016 and no points.

The applicant does not meet the Council’s licensing standards as paragraph 3 of Appendix A to the Licensing Standards states that:-

“Where a driver has been disqualified from driving for any reason a licence will not normally be granted for 3 years after the disqualification has expired or 12 months after the date the driver’s licence is re-issued whichever is the later”.

The applicant attended the Council offices on Friday 4 May 2018 for an interview with the Licensing Officer to discuss his application. He brought with him his notice of Appeal to the Crown Court from the Magistrates and a copy of the covering letter setting out his grounds for the appeal/review.  Those documents are in our papers and we have read them carefully as they set out in detail the circumstances surrounding the offence. 

He had applied for a review of the original penalty as he felt it too severe and that proper regard had not been given to the mitigating circumstances. The case was reconsidered on 16 December 2016,  the applicant attended, the result being that the  6 points came off his licence and he consented to a 14 day driving ban to be served immediately (over the Christmas holiday period).

The applicant is a very experienced driver and has a motor cycle licence, a full car licence, undertaken advanced driving courses and is applying for a race licence. This is his only motoring conviction. He has addressed us today and we are satisfied that he is a fit and proper person to hold a licence. Accordingly we grant this application, and he will receive the paperwork in due course.