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RB - APPLICATION FOR THE RENEWAL OF A PRIVATE HIRE DRIVER LICENCE
Minutes:
The applicant and his representative were present.
The Licensing Officer introduced the report and drew attention to the following:
· On 16 August 2021 RB applied to renew his Private Hire Driver’s licence. The previous licence expired on 12 September 2021.
· A DVLA search revealed two speeding offences in 2019. RB did not declare these endorsements in the required period as per his licence conditions, namely the following working day after being convicted of any criminal offence.
· The Council’s latest Hackney Carriage and Private Hire Licensing Policy came into force in July 2021 which incorporates national standards; it states that although a single minor traffic offence would not prohibit the granting of a licence, multiple traffic offences need to be considered.
· The sub-committee is asked to determine the appropriate action in this case.
The appellant gave the following evidence:
· RB was travelling to and from the mosque and was caught by a speed camera travelling at around 27/28mph in a 20mph limit area.
· This was a difficult time as RBs father had just died in Algeria.
· RB was not carrying passengers at the time of the offence. The sub-committee was supplied with a printout of the booking system proving this.
· There have been no other endorsements on his record since 2006. Online reviews show that he is a top-rated driver for the region.
· He admits that he did not report the offence immediately. He was informed by another driver this was necessary around six months after the offence. As soon as RB was made aware of the policy, he reported himself.
· RB is the sole earner for his wife and 3 children and has been out of work for 6 weeks.
After questioning from the sub-committee, the following information was confirmed
· The two speeding offences were incurred on the same day travelling to and from mosque.
· The recent death of his father had caused RB a lapse in concentration and is a mitigating factor.
· The offences were 2 ½ years ago and isolated. RB has an otherwise clean record over 16 years.
· Although RB was late reporting the offences, he did self-report and was not ‘caught out’ by officers.
· The latest Hackney Carriage and Private Hire Licensing Policy requires the licensing authority to bring matters before the sub-committee that fall within the latest policy. The applicant’s representative requested that licensing reports make this clearer to the applicant that the new policy is the trigger for these hearings.
The applicant was given the opportunity to sum up, then parties left the room while the sub-committee deliberated.
DECISION
Members determined to the grant the application. Having heard the circumstances on the day, including that the applicant wasn’t working, the death of his father two months prior and his otherwise unblemished record, Members considered this to be an isolated incident which justifies departure from the new policy. Members considered the applicant to be a fit and proper person but take this opportunity to remind him of the requirement and importance of reporting any convictions.
Supporting documents:
- Restricted enclosure View the reasons why document 9./1 is restricted