Issue - meetings

The Chair opened the meeting and welcomed those in attendance.

The Licence Holder confirmed receipt of the paperwork.

The Licensing and Enforcement Officer presented the report to the Sub Committee.

The Sub Committee procedure was followed.

The Sub Committee was adjourned at 11:44 hours, and Councillors Amanda Davis and Rob Hiney-Saunders, the Licence Holder, Environmental Health Team Manager and Licensing and Enforcement Officer left the room for Members to deliberate.

The Sub Committee reconvened at 12:06 hours, and Councillors Amanda Davis and Rob Hiney-Saunders, the Licence Holder, Environmental Health Team Manager and Licensing and Enforcement Officer returned to the meeting.

The Chair invited the Legal Team Manager to set out in summary the Sub Committee’s decision.

The Legal Team Manager stated the decision of the Licensing Sub Committee was: to approve the renewal of a combined Hackney Carriage and Private Hire Driver’s Licence with a strict warning as to future conduct.

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

1.     The License Holder applied to renew their combined licence on 19^th February 2025.  Their licence expired on 20^th February;

2.     In their application the Licence Holder declared three endorsements on their DVLA licence, i.e.:

                                             i.          SP30 in March 2023 (3 points);

                                            ii.          SP30 in September 2023 and;

                                          iii.          SP30 in December 2022 (3 points).

The Council was not aware the endorsements from September and December 2023;

3.     The Panel were concerned that the Licence Holder’s had 9 points on his licence;

4.     The Panel accepted the Licence Holder’s explanation for why they had failed to report the endorsements in September and December 2023;

5.     The Panel felt that the Licence Holder accepted the seriousness of the failure to notify and the number of points now / currently on their DVLA licence; and,

6.     The Panel gave a strict final warning to the Licence Holder – this warning is to remain on their driver record indefinitely.  It was made clear to the Licence Holder that any further DVLA endorsements on the Licence Holder’s licence or any breach of their licence conditions is likely to result in being placed before a Sub Committee for consideration and may result in the licence being revoked.

Considerations:

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

                          i.          The report and evidence of the Licensing Officer and the verbal representations provided by the Licence Holder;

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

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

                       iv.          The Council’s Policy and Guidelines.

The decision letter would be posted to the Licence Holder within 5 days.  There was a right of appeal against the Sub Committee’s decision to the Magistrates Court, exercisable within 21 days of receipt of the notification.