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Agenda item
Report to Determine Whether Action Should Be Taken Against the Holder of both a Hackney Carriage Driver and Private Hire Driver Licence- PA
- Meeting of Public Safety and Protection Sub-Committee B, Tuesday, 19th July, 2022 1.30 pm (Item 9.)
- View the reasons why item 9. is restricted
Minutes:
The driver and his representative were present. PC Quinton was present.
The Neighbourhood Enforcement Officer introduced the report and summarised it for everyone. At the time of the report being written PA had twelve points on his DVLA licence but was not disqualified. The Sub-Committee was informed that PA has since disqualified from driving for two months.
The applicant’s representative made the following points:
· PA has admitted that his knowledge of the licensing policy is weak, and that he has fallen below the standards and he has taken steps to improve this recently. He is very apologetic and will report to the licencing authority immediately in future. This omission was due to ignorance not dishonesty.
· He has been licensed for 17 years and has only 2 complaints about conduct during this time. PA has never been involved in a car accident and has committed no crimes of dishonesty or violence.
· PA has very difficult personal circumstances. He has considerable outgoings to cover and is the main earner for the family. He has already served a 3-month suspension for the tyre incident.
· The representative asked the committee to be proportionate and suspend the taxi licences in line with the DVLA driving licence.
The following points arose from questioning:
· The 5 July offence was not reported to the licensing authority. PA was last relicensed on 16 July. The officer recommendation is to suspend or revoke the licences.
· PA’s understanding was that he only needs to declare offences on the renewal form, he did not understand he should notify the authority immediately.
· PA’s DVLA driving licence has been revoked for 2 months and will be reinstated in September. PA can apply for a PHD and HCD licences as soon as he holds a valid DVLA driving licence, but the matter will be referred to the committee due to PA’s history.
· PC Quinton stated that PA has been very polite and respectful throughout all his offences and has no other criminal behaviour on record.
· A 6-month disqualification is the usual sanction for totting up of penalty points. PA only received a 2-month ban due to mitigating circumstances of exceptional hardship.
Decision:
To revoke PA’s Private Hire Driver licence and Hackney Carriage Driver licence in accordance with section 61 (1)(b) of the Local Government (Miscellaneous Provisions) Act 1976, namely, any other reasonable cause, as the Sub-Committee is no longer satisfied that he is a fit and proper person to hold a licence.
Reasons:
In reaching this decision, the Sub-Committee considered there to be a pattern and frequency of motoring convictions which falls short of the standard expected of licenced drivers. The Sub-Committee considered and applied its own policy on motoring convictions.
The Sub-Committee heard that PA had been convicted of five motoring offences in a 2-year period and had 12 points on his licence, and earlier this month was disqualified from driving for 2 months. Furthermore, PA failed to declare some of the driving convictions as required by the conditions on his licence and heard that he did not realise that he was required to do so other than on renewal. However, the Sub-Committee considers that he should have known what is required on his licences especially as he has been licenced since 2004. The Sub-Committee heard that PA went on a speed education course in February 2020 however, since then he has received four further speeding endorsements.
The Sub-Committee heard that PA was polite, co-operative and remorseful, however, the overriding consideration it has is the safety and protection of the public. In considering whether he is a fit and proper person, the council should ensure so far as possible that those licenced to drive hackney carriage and private hire vehicles are suitable persons to do so, that they are safe drivers with good driving records and adequate experience. The Sub-Committee, having considered PA’s record, is not satisfied that he is a fit and proper person to hold such licences. Personal circumstances, including financial circumstances, are not a relevant consideration when reaching this decision.