Agenda item

An Application for the grant of a Private Hire Driver Licence seeking departure from Council Policy

The Applicant was in attendance with a family member.

The Licensing Officer presented the report:

·        The application was for the grant of a Private Hire Driver Licence with exemption from taking the Knowledge Test and Gold Standard Course as the applicant would only be engaged in Chauffeuring work.

·        Council policy demanded that all applicants fulfil the requirement of a fit and proper person test by undertaking a number of mandatory steps before the issuing of a PHDL.

·        Officers were looking to Committee to refuse the request and adhere to Council Policy.

The Applicant addressed Committee:

·        GB confirmed that he had been a care worker for a number of years supporting adults with learning difficulties.

·        That he now intended to join the family chauffeuring business, working in the greater Bristol region; normally between hotels and the airport including film sets such as the Bottle-yard.

·        That his time spent supporting people with special needs had resulted in him having an awareness of the care needed towards all especially those with special needs.  In addition as the work was outside the local streets of Bristol the knowledge test would have no added  benefit to his driving route, he would be working between fix destinations.

·        GB confirmed that it was not the cost attached to the test that lead to the request but the need to have him join the family business as soon as possible to provide support.

·        When asked to qualify the nature of the chauffeuring business committee were advised that the requirements were for(the following examples were provided); airport to hotel routes; services to headline acts attending local festivals; family’s using private airports taking children to private schools in around the Bristol region.

·        The applicant’s family had been involved in the Executive Car business for over 20 years.

·        The Licensing officer advised Committee that it was a growing trend for executive car businesses to have their drivers apply for exemption from the Knowledge test and the Gold Standard test but committee were reminded that the Gold Standard test covered necessary legislation and customer care including the requirement to consider the specific needs of disabled passengers.

The Applicant and parties left the room to enable Committee to make its decision.

The Committee considered the report of the licensing officer and the oral presentation together with its policy.

Committee accepted that the applicant would be working exclusively for the family executive chauffeuring business and looked to ensure that the applicant remained in this area of work and not stray into wider private hire trade.  They therefore looked to apply a condition restricting the operation of the license to Executive work only.  They then considered the importance of the mandatory tests.  The Gold Standard test served a particular purpose therefore they could see no reason to depart from Council policy on this requirement.  They were prepared to agree the exemption to the Knowledge Test as the applicant would be engaged in executive work.

RESOLVED - the Committee were satisfied that the Applicant could be treated as an exception to Council policy and be granted a licence without undertaking the Knowledge Test subject to:

(1)    an additional condition being attached to the licence to ensure he only engaged in “executive/chauffeur” work in an executive vehicle as defined by Council policy.

Section 51(2) of the Local Government Local Government (Miscellaneous Provisions) Act 1976 states that a district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary;

(2)    the Applicant undertaking/obtaining the following:

a.      the Gold Standard training;

b.      an Immigration Right to Licence check;

c.      a DVLA Mandate;

d.      an enhanced Disclosure and Barring Service Check.

The Applicant and all parties returned to the room for the decision.