Agenda item

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

The Licensing Officer gave a summary of the report.

The driver had first been granted a 3 year private hire/hackney carriage driver’s licence by this authority on 16 June 2016. His licence came up for renewal on 31 May 2019. He submitted a new medical and DBS certificate as required, however although the new certificate showed no new convictions since the previous one issued in 2015, following the introduction of a new ‘policy on deciding the suitability of applicants and licensees in the hackney and private hire trades’, which came into effect on 1 May 2019, the driver no longer met the licensing standards for new drivers. This was because of conviction 6 for driving a motor vehicle with excess alcohol on 19 September 2011 for which he was given a 12 month ban. It was open to Members to depart from their policy if it was reasonable in all the circumstances to do so.

The driver said he had driven for his firm for over 3 years and had a letter of support from his boss. He had played a role in establishing better behaviour of a child with extremely challenging needs and behaviour who he drove to school. The sooner he could get back to driving her, the better it would be for her.

At 10.15, the Committee retired to make its decision.

At 10.20, the Committee returned.

The decision was read to the driver.

DECISION NOTICE

The application before the Panel today is for the renewal of the driver’s joint private hire/hackney carriage licence number PH/HC1648 under the Local Government (Miscellaneous Provisions) Act 1976. The licence expired on 31^st May 2019 and the driver was first licenced by this authority on 16^th June 2016. He is employed by 24 x 7 (Hants) Ltd on school contract work – so far as we know his licence was granted in order that he might take up this role and we have in the papers before us a letter from them supporting this application.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the driver, and we have also seen, as has he, the background documents annexed thereto, including a DBS check dated 10^th May 2019 and showing an old conviction for driving with excess alcohol dated 19^th September 2011 for which he received a 12 month disqualification from driving.

Though the driver has been licensed by UDC for three years, this was under the under the Council’s old policy, a copy of which we have seen. Under this, a person who had been disqualified from driving for any reason would not be granted a licence until 3 years after the expiry of the disqualification, and the driver met this requirement in June 2016.  However, the Council’s new policy states at point 2.26 that “where an applicant has a conviction for drink driving or driving under the influence of drugs, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence or driving ban imposed.” Therefore the driver would not be eligible to apply for a licence until September this year.

We note we have discretion to diverge from policy in an appropriate case, and we also observe that the driver has driven for the company 24 x 7 (Hants) Ltd throughout.  They have submitted a statement in support of his application to renew his licence in which they explain that he drives children with special needs to and from school and in particular there is one child who has exhibited extremely challenging behaviour and needs. It is understood that having the continuity of one driver has contributed substantially to that child’s well-being.

We have read the papers before us and we have heard from the driver. This seems to us to be a case where it is wholly proper for us to grant this application and we therefore do so. The driver will receive the paperwork from the Licensing Dept in due course, and we wish him all the best for the future.