Decision details

The applicant attended the meeting for Committee to consider whether he is ‘fit and proper’ to hold a hackney carriage/private hire vehicle driver’s license. Also in attendance, one of the applicant’s office managers.

The Chair opened the meeting and welcomed those in attendance. Introductions followed, with Councillor David Bennett staying as an observer.

The Chair proceeded to ask if the applicant received all their paperwork – they had.

The Licensing Officer was then invited to present their report.

The hearing procedure was followed.

The applicant, their office manager, and the Licensing Officer left the meeting at 10:32 hours whilst Committee deliberated. They then returned for the announcement of the decision.

The following edited text is from the Chartered Legal Executive’s decision letter.

The decision of the Licensing Sub-Committee was to REVOKE the combined Hackney Carriage and Private Hire Driver’s Licence.

The Sub-Committee made findings of fact and gave the following reasons as follows:

1.        The Panel considered the representations and submissions made by the applicant in relation to the failure to notify the Licensing Authority of speeding offences on two separate occasions dated 13.05.2023 and 29.02.2020. In relation to the speeding offence dated 29.02.2020 the applicant admitted they had not informed the Authority as they had forgotten. In relation to the speeding offence dated 13.05.2023, the applicant stated that they had informed the Licensing Authority by way of a telephone call. The applicant stated they could not remember the date of the telephone call but thought they had spoken to the Authority’s Licensing Manager, but the applicant could not be certain of this and the Panel did not have any supporting evidence that the applicant informed the Licensing  Authority by telephone.

2.        The Panel accepted that although the applicant had notified the Licensing Authority about the speeding offence dated 16.08.2023 by way of an email dated 18.09.2023, the notification was not within 7 days as was required by Condition 4.7 of the Authority’s Private Hire Driver’s Licence Conditions.

3.        The Panel considered the applicant’s comments about the total of 9 points on their licence and the speeding offences they had received – stating that they were a safe driver and that they had ‘just been unlucky’. The applicant stated their job involved transporting music professionals around the Country and they regularly travelled throughout the Country. They said that speeding restrictions on roads often changed, and this made it more difficult when driving on unfamiliar roads.

4.        The Panel heard that the applicant had some mitigating circumstances in that the applicant said their friend’s mother had died recently, but the Panel did not accept this was an exceptional circumstance and therefore it did not justify a departure from the Authority’s Taxi Licensing Policy.

5.        The Panel considered the number, type and frequency of speeding offences, noting the last 2 speeding offences dated 13.05.2023 and 16.08.2023 occurred within 6 months of each other. In addition, the speeding offence dated 16.08.2023 had occurred within the previous 6 months.

6.        The Panel asked themselves whether they ‘would allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter or any other person who they cared for to get into a vehicle with the applicant’ – the unanimous answer was ‘no’. The overriding consideration of the Authority is to ensure the safety of the public and the Panel, considering all the information available to them, therefore believed that the applicant was no longer fit and proper to drive a taxi.

Considerations:

In reaching its decision, the Sub-Committee took into consideration the following factors:-

(i)        The report and evidence of the Licensing Officer;

(ii)        The Driver’s submissions;

(ii)        The provisions of the Local Government (Miscellaneous Provisions) act 1976;

(iii)       The Human Rights Act 1998 and of The First Protocol, Article 1;

(iv)      The Council’s Policy and Guidelines.