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 although his points expired on 17 March 2018 point 2 of the Licensing Standards-Drivers states that applicants must have “no convictions or fixed penalty notices endorsed on a drivers licence within the last 3 years where 6 or more points have been endorsed in respect of a single offence. As the applicant’s conviction was on 29 October 2015 he would not therefore meet our standards until 29 October 2018

The applicant confirmed that all the necessary information was provided in the report.

At 12:40, the Committee retired to make its decision.

At 12:50, the Committee returned.

The decision was read to the applicant.

Decision:

The applicant’s application dated 1^st May 2018 is for a Private Hire/Hackney Carriage Driver’s licence.  If successful, he has applied for employment with 24 x 7 Ltd.

The application form asks for a of list all convictions (including motoring offences) both spent and unspent and any police cautions. The applicant declared 2 offences of drink driving:  one in 1979 for which he received a 12 month ban and one in 1989 for which he received an 18 month ban. He also disclosed an offence of failing to give information as to the identity of a driver (MS90) for which he received a fine of £560 and a 6 point endorsement. This offence took place in March 2015 and the applicant provided a DVLA licence summary showing that he currently has no endorsements and the MS90 offence on 17 March 2015 with an expiry date of 17 March 2018.The Council’s DriverCheck enquiry dated 15 May confirmed the MS90 offence on 17 March 2015, with a conviction date of 29 October 2015.

The applicant therefore does not meet the Council’s licensing standards as although his points expired on 17 March 2018,  paragraph 2 of Appendix A of the Licensing Standards-Drivers states that applicants must have

“No convictions or fixed penalty notices endorsed on a driver’s licence within the last 3 years where 6 or more points have been endorsed in respect of a single offence”.

As the applicant’s conviction was on 29 October 2015 he would not therefore meet that standard until 29 October 2018.

A telephone interview took place between the Licensing Officer and the applicant on 25 May 2018. The applicant explained he had purchased a car for his daughter and the finance company asked for his name on the log book. As his daughter was involved in an abusive relationship, she moved frequently on advice, and she changed her address on the registration document without the applicant’s knowledge.

When she committed a speeding offence in Essex the Police sent the paperwork to her last known address in Broadstairs. The applicant was unaware of the speeding offence and did not receive any paperwork; the first he knew of the offence was when he went to hire a van from Enterprise, and they ran a check on his driver record which revealed 6 points and a large fine.

However, we have listened to what the applicant has to say and accept what he has had to say in mitigation. Accordingly we grant this application, and he will receive the paperwork in due course.