Agenda item

An application for the grant of a Hackney Carriage Driver (HCD) licence seeking departure from Council policy.

The sub-committee considered an application for the grant of a Hackney Carriage driver licence seeking a departure from Council policy.

The Licensing Officer outlined key details relating to this application, as per the report, and responded to questions from members.

It was noted that a departure from policy was sought by the applicant in view of the mitigating circumstances which affected his ability to undertake and reach the required standard in relation to the knowledge test.

The applicant then presented his case, with reference to documents included in the agenda pack, i.e. a letter from himself and a diagnostic assessment report from the British Dyslexia Association.  The applicant responded to questions from members.

The applicant also highlighted the fact that he was an experienced private hire taxi driver, operating since 2001.

After questions had been concluded, both the Licensing Officer and the applicant summed up.

The Licensing Officer and the applicant left the room whilst the Sub-Committee considered its decision.

The sub-committee members considered very carefully all of the written and verbal evidence as presented.

The sub-committee received and noted the following legal advice: The applicant had provided a diagnostic assessment report from the British Dyslexia Association which had referred to adjustments that could be made in terms of carrying out a knowledge test for this applicant.  In conducting the knowledge test, officers had applied these recommendations to the applicant’s situation as reasonable adjustments.

Following further discussion, members noted further legal advice that, if a fresh application were to be made, the applicant could, at the time of application, discuss with officers the options around further reasonable adjustments that may be available in terms of delivering the knowledge test appropriate to his individual needs.  This could potentially involve consideration of an option of a “physical” knowledge test being carried out involving the use of a vehicle, although it was noted that the availability of such an option would need to be the subject of a professional officer assessment, including consideration of all relevant legal, practical, financial, health and safety and insurance implications.

The committee felt that aside from the individual circumstances of this case, officers should review the current arrangements for carrying out the knowledge test in terms of its accessibility and being “fit for purpose” and report back to the Public Safety and Protection Committee on the outcome of the review.

In relation to this application, having considered all the evidence presented and taken into account the legal advice received, the sub-committee

RESOLVED –

1. That this application for the grant of a Hackney Carriage driver’s licence seeking departure from Council policy be refused, on the technical grounds as stated in the officer report, i.e. the fact that the applicant had not reached the required standard in relation to the knowledge test.

2. That this sub-committee also wishes to comment as follows:

* If the applicant wishes to re-apply for the grant of a Hackney Carriage drivers’ licence, the relevant fee will be waived.

* If the applicant does re-apply for the grant of a Hackney Carriage driver’s licence, it is suggested that, at the time of application, he should liaise with licensing officers and discuss the options around further reasonable adjustments that may be available in terms of delivering the knowledge test appropriate to his individual needs.

The Licensing Officer and the applicant returned to the room and were informed of the Sub-Committee’s decision.