Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He explained that the licensee had voluntarily ceased driving their licensed vehicle after reporting their heart attack to Licensing whilst further medical investigations were undertaken.

He explained that he had recently received confirmation from the licensee’s consultant that the licensee had passed the required exercise and functional tests with regard to their LV ejection fraction. He added though that their GP was now seeking clarification on hospital records from January that showed the licensee has mitral regurgitation.

The licensee addressed the Sub-Committee and explained that they were now taking medication to control their condition.

Councillor Toby Simon asked the licensee if they suffered from breathlessness.

The licensee replied that they did not, had carried out a fitness test on a treadmill and walked around 5,000 steps a day on average.

After a short recess the Sub-Committee reconvened and asked to view the latest report from the licensee’s consultant.

The Public Protection Officer (Licensing) circulated the report to the Sub-Committee via email.

Councillor Simon summarised the report to those present and explained that it said the licensee has no significant abnormalities and has a normal valve function.

The licensee then shared with the Sub-Committee a further letter from their consultant that stated that they have no significant valve abnormalities.

Decision & Reasons

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

The Licensing Officer updated Members that confirmation was received yesterday from the licensee’s consultant that they had passed the exercise and LV ejection fraction tests in respect of the heart attack, however a few days ago their GP reported that hospital records revealed mitral regurgitation. Members asked to see the correspondence from the consultant dated 24/02/26 and noted that it indicated “there were no significant valvular abnormalities”.

Members heard from the licensee in oral representations who indicated that their consultant had given them the all clear.

Members noted that the licensee had reported their heart attack to licensing and had voluntarily ceased driving licensed vehicles whilst further medical investigations were undertaken, for which they commended him.  They also noted that the consultant had given the all clear in respect of the 3 Group 2 DVLA Standards required to be met for someone who has suffered a heart attack, before they could resume driving as a licensed BANES driver, namely:

  i.  After a minimum of six weeks from the start of diagnosis the licensee has passed the required exercise and functional tests; and

  ii.  has an LV ejection fraction of at least 40%; and

  iii.  has no other disqualifying condition.

Taking account of the medical diagnosis and recent correspondence from the licensee’s consultant, members are satisfied that the Group 2 DVLA standards are met in respect of the licensee’s heart attack and they are satisfied that there are no valvular abnormalities which require further scrutiny under the Group 2 standards for heart valve disease. Consequently, Members have determined that the licensee is fit and proper to hold a combined Hackney Carriage/Private Hire Driver’s licence and delegate authority to Licensing to return their licence to them as soon as reasonably practicable.