Minutes:
Matters Delegated to the Sub Committee to consider Local Government (Miscellaneous Provisions) Act 1976 – Private Hire Driver’s/Vehicles/Operators Licensing related matters
Further to Minute No. 29/21, the Sub Committee considered an application for the renewal of a Private Hire Driver’s Licence in respect of Mr M R which had been deferred at its meeting on 28 June 2021.
Mr M R was in attendance, supported by his friend who was also a taxi driver.
The Sub Committee had previously deferred consideration of the matter in order that Mr M R could provide more evidence regarding the incident and also have legal representation.
The Sub Committee was advised that Mr M R had reported an incident to the Licensing Office but not the detail that had later transpired. There had also been a delay in notifying the Licensing Office of the conviction.
The Chair expressed concern that the incident had been reported, however, it had been a lot more serious than that reported and included injuries to a teenager.
The Sub Committee was advised that the Licensing Office had only found out the detail of the incident when the DBS had been inspected.
The Chair requested the further evidence that Mr M R had alluded to at the previous meeting. It was thought at the time that there was a video of the incident, however, Mr M R had a recording of a customer calling into the base advising them of the incident – that person had not actually seen the incident and had no details.
Mr M R advised the Sub Committee that he had notified the Licensing Office of the original incident and had attempted to advise them of the 6 points he had received, however, he had difficulties in contacting the office.
The Sub Committee took advice from its Legal Advisor before adjourning to make a decision on the application.
The Sub Committee was minded to refuse to renew the application for a private hire driver’s licence (revoke). The policy guidelines had a starting point of revocation and the Sub Committee saw no reason to depart from policy. Members had heard the telephone evidence, however, the caller was not a direct witness. The Court had seen evidence of the incident and had seen fit to impose 6 points rather than the normal 3 points. Mr M R indicated that he had attempted to call the office unsuccessfully, however, he could have emailed as the guidelines specify matters should be reported in writing. This was a major road traffic offence and the office had not found out about the conviction until 12 months later. Mr M R had 9 live points on his licence and the Sub Committee was obliged to review his record as a whole, which included plying for hire and speeding. Members considered that the record indicated a general cause for concern and a general disregard of the conditions of the licence with regard to reporting convictions.
Resolved thatthe application for renewal of the Private Hire Driver’s Licence in respect of Mr M R be refused.