Agenda item

To consider the ability of a Licensed Hackney Carriage Driver (HCD) to be considered a fit and proper person IA (Urgent Item)

Minutes:

The Committee agreed to consider an urgent item in view of the circumstances relating to medical issues.

The Licensee was in attendance for the item.

The Licensing Officer outlined the background to the application as follows:

 

·         The Licensee had advised the Licensing Office that his GP had ordered him to take a break from driving for a week following an incident of chest pain and acute coronary syndrome on 17 January 2019;

·         Although the GP confirmed he could drive after 1 week under Group 1 requirements (domestic use), this did not meet the Group 2 requirements and in these cases the licence was usually revoked;

·         The Licensee would be able to get his licence back if he passed an exercise test after six weeks;

·         There was no other disqualifying condition;

·         The officers’ recommendation was to revoke licence in line with Council policy.

 

The Licensee outlined his case as follows:

·         He had suffered had chest pain and called an ambulance, but he had been discharged from hospital with a recommendation to stop smoking;

·         He had been driving for a long time;

·         He had bought a new car two years ago on the advice of the Council;

·         His GP has said that he was fit and recommended a rest from driving from 1 week, which he had done;

·         He considered himself to be fit and was a regular cyclist;

·         His licence was important for his livelihood and he needed to support his family;

·         He had called the Licensing Office while with his GP to see if he needed to do anything else to prove he was fit to work;

·         His GP would be willing to undertake the exercise test.

 

In response to questioning, officers confirmed that the 6 week period was in line with Government Guidance.

 

At this point in the meeting the Licensing Officers and Licensee withdrew from the meeting while the Committee considered the application. 

 

Everyone returned to the meeting to hear the decision.

 

RESOLVED - that in the interests of public safety, the Licence of IA be revoked with immediate effect in accordance with section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976, for the following reasons: 

 

The Council policy, which is in line with Government guidance, requires all licensees and applicants to satisfy Group 2 medical which is a higher standard than that which needs to be met in order to undertake domestic driving.  The Committee accepted that the applicant’s doctor has said that he was fit to drive after one week’s rest but that related to Group 1 and there was no evidence that he satisfied Group 2. 

 

There was “reasonable cause” to revoke IA’s HCD Licence on the ground contained in Section 61(1)(b) Local Government (Miscellaneous Provisions) Act 1976 because the Committee could no longer be satisfied that he was a fit and proper person to hold such a licence due to his inability to satisfy the Group 2 medical requirements at this time in accordance with Council policy.  There was currently no evidence to satisfy the committee that he should be treated as an exception to the policy.  The Committee had great sympathy for the Licensee but considered that it was in the interests of public safety to revoke the licence.