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Agenda item
SA - REPORT OF AN APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER LICENCE
- Meeting of Public Safety and Protection Sub-Committee A, Tuesday, 19th April, 2022 10.00 am (Item 9.)
- View the reasons why item 9. is restricted
Minutes:
The applicant and his representative were present. The representative submitted additional information which was copied and circulated to the sub-committee.
In presenting his case, SA and his representative made the following points:
· SA and his representative challenged the conviction for dangerous tyres.
· SA has attended every meeting with his support organisation, showing dedication and organisation skills. SA’s solicitor was not supportive.
· SA has a difficult personal life, his mother has passed away and he was not able to visit due to Covid restrictions. His partner has also passed away, giving him more responsibility for the children. SA is willing to make amends if he has done something wrong. He has always cooperated and submitted relevant evidence openly.
· SA does not believe he is a dangerous driver and all his convictions are unintentional. He said he has learned from everything that has happened and has seen life collapse on him.
· It has been a difficult period financially, especially for the self-employed.
· SA said he is a good driver despite the personal circumstances and is especially careful with vulnerable people. He said he gives free lifts to older people.
· SA said that his manager trusts him to run the most expensive car in the fleet.
After questioning from the sub-committee, the following information was confirmed:
· The standard of proof that the sub-committee considers matters to is the balance of probabilities (i.e. more likely than not), which is the civil standard of proof and a lower standard than the criminal standard of proof.
· The Department for Transport published the Statutory Taxi & Private Hire Vehicle Standards in July 2020 which are national standards; BCC Hackney Carriage and Private Hire Licensing Policy 2026 was amended and published in 2021 which incorporates these standards. The committee will need good reason to depart from the policy. SA would need to convince the committee he is fit and proper person to hold a licence. Under the policy a single offence may not be a prohibit the grant of a licence but repeat offences should be considered.
· SA currently has 9 points on his licence. At one point he had 15 points on his licence.
· It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the granting of a licence. However, applicants with multiple motoring convictions may indicate that an applicant does not exhibit the behaviours of a safe road user and one that is suitable to drive professionally.
· The sub-committee cannot ‘go behind’ a conviction. In the matter regarding dangerous tyres, a court has already found SA guilty.
· SA said that he did not accept the decision of the court, that he did not understand what was going on and that his solicitor did not appear.
· SA has an offence of driving without insurance. It was clarified that as SA did not hold a private hire drivers’ licence at the time, he was not able to drive a private hire vehicle even in a personal capacity.
· SA has complaint on his file for an offence of illegal overtaking which was reported by a police officer. SA said he overtook a lorry at the harbourside to pick up his son. A police officer visited SA at work after the incident. SA said he thought the matter would be dealt with informally, but he was issued a ticket that said action would be taken against him.
· The sub-committee cannot take personal financial circumstances into consideration when making their decision.
· This is a new application as the previous licence was revoked.
The applicant was given the opportunity to sum up, then parties left the room while the sub-committee deliberated.
Decision
That SA’s application for the grant of a Private Hire Driver licence be refused in accordance with section 51 of the Local Government (Miscellaneous Provisions) Act 1976 as the Sub-Committee is not satisfied that he is a fit and proper person to hold such a licence
Reasons
In reaching its decision, the Sub-Committee considered the previous Sub-Committee’s decision regarding the two defective tyres, for which SA has now received convictions and 6 penalty points for (3 points per tyre), as well as previous matters and new matters brought to the attention of the Sub-Committee.
The Sub-Committee heard that SA currently has 9 penalty points on his DVLA licence, however, this had previously reached 15 points until two endorsements expired in February 2022 thereby leaving 9 points remaining. This means that between June 2020 and February 2022 (including in June 2021 when SA applied for new licence), SA had 15 penalty points on his licence. The Sub-Committee considers this to be a high number of penalty points which questions SA’s standards as a driver and the Sub-Committee has considered and applied the Council’s Hackney Carriage and Private Hire Licensing Policy 2021-2026 (referred to hereafter as the Policy). The Policy sets out the position on criminal behaviour, which is a general guide on the action which might be taken where convictions, cautions and fixed penalties are disclosed, or where offending behaviour is proved to the satisfaction of the council (reference to conviction should be construed accordingly). The Policy, with regard to motor convictions, states that:
It is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the granting of a licence. However, applicants with multiple motoring convictions may indicate that an applicant does not exhibit the behaviours of a safe road user and one that is suitable to drive professionally. Any motoring conviction while a licensed driver demonstrates that the licensee may not take their professional responsibilities seriously. However, it is accepted that offences can be committed unintentionally, and a single occurrence of a minor traffic offence may not necessitate the revocation of a taxi or private hire vehicle driver licence providing the authority considers that the licensee remains a fit and proper person to retain a licence. Consideration will be given to the nature of the offence and the penalty including points and fines.
The Sub-Committee heard the account of SA in relation to the defective tyres and made clear to him that it wasn’t a re-hearing of that criminal matter and that it could not go behind the convictions. The Sub-Committee found that SA and his representative minimised the most recent convictions, in particular a comment made by the representative along the lines of “it was refused just because of a tyre” demonstrating that the seriousness of the matter, for which convictions have been received, is not understood. The number and nature of the motoring convictions as well as the penalties received and the previous history of not reporting the convictions in breach of licence conditions (and other breaches) are such that the Sub-Committee is not satisfied that SA is a fit and proper person to hold the licence, and in reaching this decision considered the fit and proper person factors in the Policy and case law.
Furthermore, the Sub-Committee heard that SA has been driving a leased Private Hire Vehicle when he did not have a Private Hire Driver licence to do so in contravention of section 46(1)(b) of the Local Government (Miscellaneous Provisions) Act 1976; SA’s ignorance as to the law on this matter, especially having been an experience licenced driver previously, is no defence. Although SA had been caught on only one occasion in breach of the legislation (for other road traffic matters too), the Sub-Committee heard that SA had in fact been using the vehicle for private use for a longer period. The fact that SA believed that he was insured to drive the vehicle does not alleviate him from liability, and he may have invalidated the insurance in any event due to not having a valid Private Hire Driver licence (in line with the wording of the policy) which creates a further risk to the public. The Sub-Committee is not satisfied that SA understands and can follow laws and conditions as a licenced driver in a manner that ensures the safety and protection of the public.
SA’s personal circumstances, including financial circumstances, is not a relevant consideration that the Sub-Committee can consider in reaching its decision.