Agenda item

Mr D A H confirmed that he understood the procedure to be followed for the hearing.

The Senior Public Protection Officer summarised the report and circulated a DBS certificate in respect of Mr D A H, a printout of his DVLA record and a written statement submitted by him. The meeting was adjourned to allow Members time to study these documents.

After the meeting was reconvened, Mr D A H made a statement and was questioned by Members. He made a closing statement.

Following a further adjournment the Sub-Committee RESOLVED that Mr D A H was a fit and proper person to hold a combined Hackney Carriage/Private Hire Driver’s Licence, subject to the satisfactory completion of required tests. Authority was delegated to the Public Protection Officer accordingly.

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 or not 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, oral representations and balanced these against the information disclosed by Disclosure and Barring Service and DVLA checks.

The applicant indicated that his previous caution arose out of situation where he was protecting his family. In relation to the speeding convictions these were not obtained whilst he was acting as a BANES licensed driver and were unfortunate incidents where he was wrong about the speed limits that were in force and had thought he was driving within the limits.  He also indicated that he was being put under pressure by his former employer to return from jobs quickly.

Members noted that Mr D A H’s caution was from 2011 and was not therefore, caught by the policy; he had been caution free for the period anticipated in the Policy.  In relation to the speeding convictions, Members noted that the Policy expects applicants will not have been convicted of three or more minor motoring offences during the previous three years however, Members also noted that they may depart from the Policy having had regard to the full facts of the case and having taken account of any mitigating or other circumstances put forward by the applicant.

In this case Members found that the speeding convictions were not obtained whilst Mr D A H was acting as a BANES licensed driver. Whilst Members take a dim view of motoring convictions, they were satisfied having heard from Mr D A H that he has learnt his lesson and would have to take extra care with his driving given that he has a number of DVLA penalty points hanging over him.

Accordingly, Members found Mr D A H is a fit and proper person to hold a Combined Hackney Carriage/Private Hire Driver’s Licence.

Authority delegated to the Public Protection Officer to grant the licence subject to satisfactory completion of the required tests.