Agenda item

Mr MJS confirmed that he had received and understood the procedure to be followed for the hearing.

The Senior Public Protection Officer summarised the report and distributed a DVLA report showing three endorsements on Mr MJS’s driving licence for speeding offences.

Mr MJS stated his case and was questioned by Members. He made a closing statement.

Following an adjournment the Sub-Committee RESOLVED to suspend Mr MJS’s combined Hackney Carriage/Private Hire Driver’s licence for one week.

Reasons

Members have had to determine what action, if any, to take against the holder of a combined Hackney Carriage / Private Hire Driver’s Licence having obtained three convictions during the course of his 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 took account of the applicant’s oral representations and balanced these against the DVLA print provided.

Accordingly Members had to decide whether the licensee continued to be a fit and proper person to hold a licence taking into account all the circumstances including his driving history and character.

The licensee accepted that he had received three convictions for speeding offences within the last three years and he did not seek to go behind those convictions. He explained that in each instance, as far as he could recall, he was only 5 or 6 miles per hour over the speed limit. On each occasion he said he was driving his licensed vehicle but was not on duty. Mr S said that he is normally very aware of speed and would not speed whilst he had members of the public on-board. He said he was definitely more aware of his speed since these instances.

Members noted that Mr S had been licensed since February 2003 and save for these convictions, had no complaints against his taxi licensing record. That said the Council’s Policy expects a licensee not to have been convicted of 3 or more minor motoring offences during the previous 3 years. Mr S’s convictions fall squarely within this part of the Policy. Members heard that Mr S had not taken up the Speed Awareness Course despite being offered it for his first speeding offence. Furthermore, Mr S committed his most recent two speeding offences in the space of 5 months and in similar circumstances, this frequency gave Members cause for concern. Whilst Mr S stated that he was not on duty at the time of these offences, there was a wider risk to pedestrians and other road users; this is not the conduct expected of a BANES licensed taxi driver.

For the reasons stated above Members take the view that Mr S’s conduct has not been that of a fit and proper person but view revocation as disproportionate. Accordingly, members suspend Mr S’s licence for a period of 7 days in order to allow him to reflect on his behaviour and deter him from misconduct in the future. Following the end of the period of suspension Members take the view that Mr S will be a fit and proper person again.