Agenda item

Dakota Ferrara, Senior Licensing Officer, introduced this report setting out an application from JWB for consideration of an application for the renewal of a Hackney Carriage Driver Licence in view of new Bristol City Council policy.

She made the following points:

·       JWB applied to renew his licence on 24^th August 2021 which expired on 5^th October 2021

·       He has two speeding offences on his licence

·       Bristol City Council has adopted a new policy on 21^st July 2021 in line with national standards which states that more than one offence on a licence is referred to the Sub-Committee

·       The Sub-Committee was requested to consider this application and to determine whether or not it is in line with this new policy

JWB made the following points:

·       Penalty points are a hazard of the job

·       In these two cases I was only driving at 36mph in a 30mph zone

·       Given the number of hours I drive, this is occasionally bound to happen

·       It seems unfair that thew new policy should be applied retrospectively. Last year I had 6 points on my licence and was not faced with this situation. I have only had one other offence over the last 12 years

·       Sometimes I am distracted when driving and do not notice the speed limit, for example if I have to take someone urgently to the train station

·       I am a solid upstanding person with only two recent offences and would like to retain my licence

The Legal Adviser to the Panel Stated that the policy falls between minor single isolated and multiple offences. With two small offences committed unintentionally, the Sub-Committee could take into account a driver’s good record. Since the applicant was granted a licence last year and not committed any further offences, members needed to consider whether the policy should take effect in this instance.

The Sub-Committee asked all parties to withdraw to deliberate on this case and when they returned, they advised JWB of the decision below.

RESOLVED – that the application to renew the HCD Licence of JWB be granted in accordance with section 59 of the Local Government (Miscellaneous Provisions) Act 1976

Reasons:

The Committee considered that the policy applied in this particular case.  It was noted that JWB was granted a licence last year notwithstanding his two motoring convictions but the new policy which is in line with National Standards guides local authorities that any applications for new licences can take retrospective convictions into account.

However, the Committee considered that on this occasion, JWB could be treated as an exception to the policy because of his good driving record over the past 12 years, he had not committed any further motoring offences since his last licence was granted and the Committee accepted his explanation that these offences were committed unintentionally.  The Committee therefore determined to grant JWB’s application for a HCD licence.

However, the Committee were somewhat concerned about JWB’s attitude towards speeding by his comment that it is an “occupational hazard” because exceeding the speed limit by only 6 mph can be the difference between killing someone or the victim surviving.  The Committee therefore take speeding convictions very seriously indeed even though they are treated as minor traffic offences. The Committee therefore decided to give JWB a verbal warning as to his future driving standards.  He was further advised that if he is convicted of any further motoring offences, then the matter of his licence would be placed before this committee again for further consideration.