Issue - meetings

Mr DMC confirmed that he understood the procedure to be followed for the hearing.

The Senior Public Protection Officer presented the report. A DVLA check had revealed that Mr DMC had had been banned from driving for six months in 2014 after accruing more than 12 penalty points for speeding offences in a 3-year period. He had also been convicted of speeding offences during the term of his previous Hackney Carriage/Private Hire Driver’s Licences, most of which had not been disclosed the Council in accordance with the terms of his licence.

The Sub-Committee adjourned to allow Members time to study Mr DMC’s DVLA print, a written statement from him and a reference given on his behalf.

When the Sub-Committee reconvened, Mr DMC said that there was nothing he could add to his written statement. He acknowledged that he had been wrong not to disclose his convictions for speeding offences. He said this had happened during a short period of time when he been under stress because of his difficult personal circumstances. He was questioned by Members. He did not wish to make a closing statement.

Following an adjournment the Sub-Committee RESOLVED that Mr DMC was a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence for the reasons set out below.

Reasons

Members have had to determine an application for a Combined Hackney Carriage/Private Hire Driver’s Licence. In doing so they took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council’s Policy.

Members had to decide whether the applicant was a fit and proper person to hold a licence considering all relevant circumstances.

Members took account of the applicant’s written statement, reference and his oral representations and balanced this against the information disclosed on his BANES and driving records.

The applicant did not seek to go behind his speeding convictions and referred the Committee to his written statement. He referred to difficult personal circumstances as an explanation for his actions.

Whilst members viewed the convictions seriously they noted that he had not received three or more minor motoring convictions within the last 3 years and was not therefore, caught by that part of the Council’s Policy. Members felt having heard from the applicant that the offending related to a difficult period in his life and that he had moved on. Members felt he understood now, the importance of complying with the conditions of his licence.

Accordingly, on balance members found Mr D M C is a fit and proper person to hold a Combined Hackney Carriage/Private Hire Driver’s Licence.