Agenda item

The Sub-Committee considered the report which sought consideration of Mrs TD’s medical fitness to continue to hold a combined hackney carriage/private hire driver's licence.

The applicant was not present and had not given any reason for not attending the meeting and had not provided the requested medical evidence having been given ample opportunity to do so.  Therefore Members agreed that the issue be heard in her absence.

The Licensing Officer presented the report and stated that as part of the renewal process for her licence Mrs TD had declared that she had angina that was being treated medically.  The Council Policy requires applicants to meet the medical standards of a Group 2 (Vocational) driver as laid down by the Driver and Vehicle Licensing Agency (DVLA).  Group 2 is more stringent than Group1 and applies to professional drivers of passenger carrying vehicles (PCVs) including taxi drivers and is justified as these drivers spend longer in their vehicles.  Therefore the Licensing Officer had written to her on 8^th March 2013 requesting that she get a letter from her GP stating that her angina was controlled and that she could meet the criteria for Group 2.  After this letter Mrs D telephoned the office informing them again that her angina was ‘medically controlled’.  She was told again that the Council needed a letter from her GP confirming this.  A further letter was sent on 11^th April 2013 stating that as no information had been received the matter would be referred to the Council’s Licensing Sub-Committee for its consideration.  The criteria for Group 2 drivers who are diagnosed with angina was attached to the report at Annex D.

In the absence of the driver Members asked the Licensing Officer some questions.  He confirmed that Mrs TD had informed Licensing of her medical condition when she renewed her licence. 

The Licensing Officer left the meeting room and the Sub-Committee considered the matter.

Following the adjournment the Licensing Officer was invited to rejoin the Sub-Committee.  He was advised that Members had considered the information before them and on the balance of probabilities found that Mrs TD was not a fit and proper person to hold a combined HackneyCarriage/Private Hire Drivers Licence and that the Sub-Committee had

RESOLVED that the combined Hackney Carriage/Private Hire driver's licence of Mrs TD be revoked under section 61(2B) of the Local Government (Miscellaneous Provisons) Act 1976 in the interests of public safety.

Reasons for the decision

Members considered the report of the Licensing Officer with regard to the disclosure by Mrs TD of her medical condition on her application to renew her combined Hackney Carriage/Private Hire Drivers Licence.  In doing so they took into account the Local Government (Miscellaneous Provisions) Act 1976, the Council's Policy, the Human Rights Act 1998, the Equalities Act and case law.

Members were concerned that Mrs TD, who was licensed to drive a hackney carriage/private hire vehicle, had a medical condition that could impair her driving.  Though it had been requested, Mrs TD had provided no letter from her GP confirming that she is medically fit enough to meet the standards for a Group 2 driver.  She had been given ample opportunity to do this.  They were also concerned about the length of time she may have had this condition as she had not informed the department until renewal of her licence.  Members were concerned that Mrs TD was not taking the matter seriously and had not provided any written evidence as to how her condition was controlled.  She was advised that the matter would be put before the Licensing Sub-Committee but had not taken the opportunity to attend and had not given any reason as to why she did not attend.  Members considered that without confirmation as to Mrs TD’s fitness from her GP they were of the view that she is not a fit and proper person to continue to hold a combined Hackney Carriage/Private Hire Driver's Licence and were not satisfied that a member of their family or a loved one would be safe in a taxi driven by Mrs TD.  Members considered that their decision was proportionate in light of the above and in the interests of public safety.