Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee.  He explained that they were being asked to determine the driver’s fitness to be able to continue to hold a combined Hackney Carriage/Private Hire driver’s licence.

The driver addressed the Sub-Committee and confirmed that he had provided the blood test and medical information which they requested at the last meeting.  He confirmed that he hardly drinks any alcohol at the present time.

Decision and Reasons

Members have had to consider whether or not the licensee is fit and proper to continue to hold a combined Hackney Carriage/Private Hire Driver’s Licence in light of a Conditional Caution from the police obtained during the currency of his licence. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and Council’s Policy.

The Licensee appeared before the Licensing Sub Committee on 07.09.23 when there was a decision to defer the hearing to a later date. This was so that the licensee could liaise with his GP to provide a view in relation to whether or not the licensee continues to meet the Group 2 DVLA driving standards, and this could include the licensee obtaining a Carbohydrate Deficient Transferrin (CDT) test.

Members reminded themselves that each case is to be considered on its own merits.

Members heard from the licensee who indicated that he had done what Members had asked of him since the last hearing.

Members had regard to the fact that the licensee has had no complaints from members of the public in the eight years that he had been licensed, they also noted that he complied with the conditions of his licence in that he reported his arrest the day after the incident. Conversely, they noted the that he received a caution from licensing in March 2019 for driving a Private Hire vehicle whilst not holding a valid Hackney Carriage/Private Hire Driver’s licence. Members noted however that the licensee was on his way to the licensing office to renew his licence when he committed the offence.

Members note that the Policy provides any new applicant is expected to have been caution free during the previous two years and that a serious view will be taken of any convictions occurring whilst the person holds a current licence. For the purposes of the Policy ‘conviction’ is taken to include a caution. Members can depart from the Policy where there are cogent reasons for doing so. In relation to the caution administered by Licensing in 2019, whilst he had committed an offence this was done out of ignorance, and that offending behaviour alone does not call into question his fit and proper status. In relation to the incident on 11.01.23, they find that to be an out of character isolated incident. Having considered the results of the CDT DVLA approved blood test, Members note that his current levels as of 20.09.23 show that they fall within the category of those who consume little or no alcohol. In respect of his D4 Medical Examination Report they note that no history of drug or alcohol misuse or dependence is noted. There is a history of liver disease, but it is not linked in the report to current alcohol misuse. In the light of this evidence, Members were satisfied on the balance of probabilities that the Licensee is fit and proper to continue to hold his Combined Hackney Carriage/Private Hire Driver’s licence. They do however issue a warning as to his future conduct in view of the police Conditional Caution.