Agenda item

Mr J R S confirmed that he understood the procedure to be followed for the hearing.

The Senior Public Protection Officer presented the report. Mr J R S had been convicted of two motoring offences during the term of his licence which he had failed to disclose within seven days as required by a condition of his licence. He provided Members with a copy of Mr J R S’s DVLA printout and a more legible copy of Mr J R S’s letter contained in Annex B of the report. The hearing was adjourned to allow Members time to study these documents.

Following the adjournment Mr J R S made an oral statement and was questioned by Members.

Following a further adjournment the Sub-Committee RESOLVED to give Mr J R S a stern warning as to his future conduct.

Reasons

Members have had to determine what action to take against the holder of a combined Hackney Carriage/Private Hire Driver’s Licence who has received 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.

The licensee said he had been licensed for a lot longer than stated. He also said the court report is horrendous and he had no idea why the court viewed the circumstances so badly. He said it was a silly, minor incident which involved a verbal altercation in the street with a road mender and he did not consider he was involved in an accident. The licensee did however accept the law deemed an offence was committed and he had pleaded guilty. With regard to not disclosing the matter he stated his wife had been taken into hospital and undergone an operation which made life at home chaotic for a while. Finally he said he would like to keep his licence to do occasional work for various operators.

Members took account of the licensee’s oral representations, his written statement and balanced these against the information contained in the DVLA printout.

Members noted the licensee had been licenced since 2013 and had not been the subject of any complaints during that period. Whilst the licensee had disclosed the offences this was not done within 7 days of conviction as required under the terms of the licence. Members further noted the nature of the offences and that their Policy stated where more than one serious motoring offence occurred in a period of 5 years this would give rise to grave concerns about fitness to hold a licence. In all the circumstances Members took an extremely dim view of the licensee’s conduct in that he failed to disclose the offences in a timely manner, they were committed whilst using a licensed vehicle and involved a member of the public going about his lawful business.

In disposing of this matter Members considered all the options including giving a warning as to future conduct, suspending or revoking the licence. Failing to stop and report an accident howsoever caused or minor is nevertheless a serious offence. Such offences are often committed in the course of concealing more serious offences, for example drink or dangerous driving and the courts and this committee take them very seriously. On this occasion, however, members have decided to give a stern warning as to his future conduct.