Agenda item

To seek consideration of whether any action is required as a result of a court conviction since the grant of a hackney carriage driver’s licence.

JAS was in attendance.

The sub-committee considered the appropriate action following a driving conviction in relation to granting a Hackney Carriage driver licence.

The Licensing Officer outlined key details set out in the report.

The applicant then presented his case, supported by Cllr Bradley and a trade representative.  Reference was made to the letters in support that had been attached to the report.

The applicant provided details of the incident that incurred on the 17^th November 2016 and issues arising from the road traffic accident.  The incident was with a cyclist and all emergency services were present.  The cyclist was hospitalised sustaining a head injury. The impact was on the driver’s side wheel arch following a collision.  The applicant confirmed that he had proceeded through the junction on a green light.

The applicant has held his license since 1995/2000 so had 20 years experience driving a taxi without major issues.  He confirmed that he co-operated fully with the police and immediately advised Licensing of the incident and pending prosecution.  He also adopted the principles of Restorative Justices by sending a letter to the injured party with an apology.  He had also contacted Sustrans to undertake training to ensure that he was cyclist aware.  He further advised that he had been without an income for 4 months as a result of the suspension of his driving licence.

Cllr Bradley addressed the sub-committee advising that she was in attendance to support JS and endorse him as a person of good character.  JS was resident in her constituency; his actions to mitigate the situation demonstrated his remorse; the impact had been felt by him emotionally and by his family economically.

MA friend in support addressed the sub-committee confirming he had attended in support of JS and substantiate the letter sent in support that attested of JS good character.

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

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

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

The sub-committee received and noted the legal advice and considered:

As per the factual information detailed in the officer report, the applicant had been convicted following the road traffic incident receiving a 4 month ban that ran from 20^th June 2017 to 20^th October.  The Hackney Licence was due for renewal on the 31^st October.  That Council Policy directed that drivers were free from conviction for a period up to 2 years on the issue of a Hackney Carriage Licence.  The sub-committee had to consider whether the applicant was a ‘fit & proper’ person and whether to depart from Council Policy.

The sub-committee and noted the positive steps taken by the applicant following the incident, in co-operating with the authorities and the licensing service.  They considered the actions taken in the form of mitigation, the applicant’s actions as per the principles of restorative justice, and the applicants Character references; early notification of the incident to Licensing; 20 years taxing driving experience; acted to demonstrate that he was ‘fit & proper’ person.

Resolved:

The Sub-committee agreed in this case to set aside Council Policy and authorised officers that on the return of the applicants DVLA licensing on the 20^th October 2017, they restore and then renew the Hackney Carriage Licence on the 31^st October.

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