Agenda item

The Sub-Committee considered a report by JS to seek consideration of an application to renew a Private Hire Driver (PHD) Licence.

Graham Lange, Licensing Officer, introduced this report and made the following points:

·       On the 01 November 2021 JS applied to renew his PHD licence which had expired on 07 November 2021. He has held a PHD licence since 16 April 2004

·       A search was carried out on JS’ DVLA licence which revealed the following

endorsement  - date of offence 21 May 2020, date of conviction 03 December 2020, Offence MS90 – Failure to give information as to identity of

driver Penalty Points 6

·       Upon renewal on 01 November 2021, JS falsely declared that he has not

been convicted or received a caution, reprimand or warning for any

offence(including criminal, benefit fraud and driving offences)

·       On the renewal submitted on 26 October 2020, JS stated that he had not

received a criminal or driving conviction, caution or reprimand during the

licensable period up to 07 November 2020. The DVLA check carried out on 18

November 2020 did not list the offence from 21 May 2020

·       Whilst conditions on JS’ PHD licence state that declarations are made to the

Council in writing by the next working day following a conviction of a motoring offence or the imposition of any penalty points upon the DVLA licence held by the licensee. No such notification was received from JS informing the Council of the offence, conviction and the points imposed.

·       A check of the Council’s records reveals the following historic offences on JS’ record

(i)                  Date of offence 07 August 2017, Date of Expiry 07 August 2020, Offence TS10 Failing to comply with traffic light signals, Penalty Points 3

(ii)                Date of offence 01 May 2016, Date of Expiry 01 May 2019, Offence TS10 Failing to comply with traffic light signals, Penalty Points 3

(iii)              Date of offence 11 February 2012, Date of Conviction 03 September 2012, Offence SP 30 Exceeding statutory speed limit on a public

Road, Penalty Points 3

(iv)              Date of offence 27 November 2009, offence TS50 Failing to comply with traffic sign (excluding ‘stop’ signs, traffic lights or double white lines, Penalty Points 3

(v)                Date of offence 19 May 2008, Offence PC20 Contravention of pedestrian crossing regulations with moving vehicle, Penalty Points 3

JS made the following points in relation to this case:

·       He explained that he had been flashed by a speed camera going down the M5 but had not received the documents for this in January 2021

·       He confirmed that his licence had been held since 1997 not 2004 and had never jeopardised anyone’s safety or public liability.

·       The suggestion that he had  failed to declare any offence in 2017 was not credible as it would not have affected his application since it was his only offence at the time. He believed it had been handed in to a member of the Licensing Team and that the error lay with them. However, he acknowledged that his records did not go back that far to confirm this. He stated that it was disappointing that this problem was being identified several years later

·       JS stated that he had not received any warning letter in 2019.If he had, he would simply have acknowledged the offence and paid the penalty.

·       He referred to the difficulties he had faced, including his father and father’s brother both dying, as well as his wife and daughter being affected. If he had forgotten, it was certainly not deliberate

·       Like many other taxi drivers, he had been badly affected by the pandemic and would find any refusal of his application extremely financially difficult

·       JS also explained that he had hypertension and diabetes and would be badly affected if his application was refused

In responding to questions by Sub-Committee members, JS made the following points:

·       He had only received the notification about conviction in January 2021 and the loss of 6 points. Since courts were not operating at that time, he had only been advised by a phone call

·       He explained that when he put in an appeal, everything had been put on hold and assumed this referred to everything including declaration of the offences. He was not aware of the process and did not realise he needed to advise the Licensing Team until the court hearing had taken place. The Licensing Policy Adviser confirmed that it was a requirement for anyone holding a licence to report any offence within 24 hours

·       In relation to 2019 incident at Kingsdown Parade, he explained that it had taken a long time to get the relevant information as part of the DBS check (Disclosure and Barring Service)

The Chair of the Sub-Committee requested that all parties withdraw form the meeting to allow the Sub-Committee to make its deliberations on this case. Upon their return, the following decision was announced:

Decision

Members have carefully considered all the information provided together with the Council’s policy.

Members noted that the most recent conviction in respect of the failure to identify driver, had not been declared to the Council the following day in line with the conditions on your licence. This is  despite having being a licenced driver for 25 years and having previously been given a warning letter reminding you of your duty to notify the council after you previously failed to do so.

Whilst you have indicated an intention to sign a statutory declaration , this has not been done  and the conviction therefore currently stands.

In addition, you declared that you had no convictions or motoring offences on your application form which was a false declaration.

Members had concerns that you indicated that speeding offences and breaching traffic lights did not pose a risk to the public.

The Sub-Committee therefore do not find you to be a fit and proper person to hold a licence and therefore your application is refused.

RESOLVED (unanimously) – that the Sub-Committee does not find JS to be a fit and proper person to hold a licence and therefore refuses this application.