Agenda item

This item had been deferred from the meeting of 16^th December 2014.

Mr MM was not present and had not contacted the office since the previous hearing. The Sub-Committee decided to consider the report in his absence.

The Public Protection Officer presented the report. He reminded Members that the issue was Mr MM’s fitness to continue to hold a combined Hackney Carriage/Private Hire licence in view of his medical condition. Mr MM had voluntarily surrendered his licence on 24^th November 2014. There was no clear diagnosis of Mr MM’s condition or of when he might be fit to resume driving. He circulated a copy of an email received from Mr MM’s GP. Members adjourned to consider this document. After they reconvened, they RESOLVED to revoke Mr MM’s licence.

Decision and reasons

Members have had to determine whether to take any action against a licensee having disclosed a medical condition. In doing so they have taken account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, Council’s Policy, case law and the DVLA current medical guidelines for professional drivers.

Members were due to determine this issue on 16 December 2014, however Mr MM’s sister was ill and could not attend the meeting of the LSC on that day. As such Members deferred their decision but put Mr MM on notice that should he fail to attend this meeting the matter may be determined in his absence.

In deciding whether to proceed in Mr MM’s absence today Members took into account the fact that he was notified by letter dated 16 December 2014 that if he did not attend today’s meeting, it may be heard in his absence. Members also had regard to the fact that no messages had been received by the taxi licensing office or the Guildhall reception in relation to his non-attendance today. In fact no contact has been made by Mr MM since the last hearing, although his sister did write to the Council to apologise for her non-attendance at the last hearing due to illness.

Members heard that the licensee’s GP informed the office on 21 November 2014 that the licensee has a chronic relapsing psychotic illness. Whilst this illness has been stable for several years at the present time, it is not under control and he is not fit to drive, nor will he be for some time. Members noted that on 24 November 2014 the licensee attended the office and voluntarily surrendered his combined Hackney Carriage/Private Hire driver’s badges and agreed to stop driving.

Members had regard to the DVLA’s Group 2 vocational drivers’ current medical guidelines. In relation to acute psychotic disorders of any type the guidance states “driving must cease pending the outcome of medical enquiry and that it is normally a requirement that the person should be well and stable for 3 years before driving can be resumed.’ Further, that ‘the DVLA will normally require a consultant’s report that specifically addresses the relevant issues before the licence can be considered.’ Members noted that the GP had informed the office that he was ‘struggling to get him [the licensee] treatment’.

Members noted the DVLA guidance, and having heard nothing further from the GP or consultant to satisfy them that the licensee was not a danger to the public if he were to continue to drive, have determined to revoke the licence with immediate effect in the interests of public safety.