Minutes:
Members were asked to consider and determine an application for a private hire driver licence, from Applicant 156919 who had relevant convictions, which did not meet current Transport Policy.
Applicant 156919 attended the meeting and was given the opportunity to make representation.
Committee papers and reports had been provided to all relevant parties prior to the meeting.
The report detailed the following:
. a copy of Applicant 156919’s application including a DVLA check code showing no live DVLA points.
. a summary transcript of an interview with Licensing Officers.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
The Committee noted that the application was for the grant of an application for a private hire driver licence.
The Committee heard that an enhanced DBS certificate was received as part of the usual application process showing that Applicant 156919 had been convicted for the offences of ‘Driving a Motor Vehicle with Excess Alcohol’ on 21st August 2016, and ‘Failing to Surrender to Custody at Appointed Time’ on 6th September 2016. The Committee were told that Applicant 156919 was convicted of these offences on 13th July 2017 and received a £400 fine and was ordered to pay £135 costs, a £40 victim surcharge and was disqualified from driving for twelve months.
The Committee heard that the Council’s current policy stated that a person who had been disqualified from driving as a result of a drink driving offence must show at least seven years free from conviction after the restoration of their driving licence, before their application would be considered. The Committee were told that Applicant 156919’s DVLA driving licence was restored in July 2018; 5 years 10 months ago.
The Committee were told that Applicant 156919 was interviewed on Monday 22 April 2024 by licensing officers in relation to the circumstances surrounding his previous convictions. The Committee heard that Applicant 156919 had advised officers that on the day of his arrest he was using his friend’s car to take them to the hospital, despite having drank alcohol.
The Committee heard that Applicant 156919 had admitted during interview that following the same incident he received six penalty points on his DVLA driving licence due to driving without insurance. The Committee noted that these endorsements did not appear on Applicant 156919’s DVLA record as they had expired.
The Committee were advised that when Applicant 156919 was asked during his interview why he did not surrender to custody when on bail, he said, “A lot of things going on by then. I didn’t get them how I was supposed to. I mean, my english, as I told you, wasn’t that good in then and I didn’t understand the proper things, what am I supposed to do”.
The Committee heard that Applicant 156919 did not declare any convictions on his application form. The Committee were told that Applicant 156919 claimed that he had received help completing his application form online by an employee of Learning Curve, a training provider.
The Committee were told by the Licensing Team Leader it was likely that Learning Curve had assisted Applicant 156919 with his application, as he was known to have attended taxi and private hire training provided by Learning Curve, during which it was understood that they assisted attendees to complete such applications.
The Committee also heard, in response to being asked about driving without insurance that Applicant 156919 did not understand at that time how vehicle insurance worked in the UK as he had originally lived in Romania. Applicant 156919 assured the Committee that he now fully understood this as he worked as an HGV driver.
Members had regard to the Committee papers, which had been circulated prior to the hearing as well as the oral submissions made by the applicant in response to the Committee’s questions.
Having carefully considered the written documentation before them and in reaching their decision, Members had regard to the provisions of the Local Government (Miscellaneous Provisions) Act 1976. The Committee also had regard to the Council’s Private Hire and Hackney Carriage Licensing Policy 2021 – 2026 (“the Policy”).
The Committee noted that under section 51 Local Government (Miscellaneous Provisions) Act 1976, the Committee shall not grant a driver’s licence unless they are satisfied that Applicant 156919 is a fit and proper person. When determining this matter, the Committee considered this application on its merits.
The Committee had regard to Appendix E of the Policy, particularly section C; “A person who has been disqualified from driving as a result of a drink driving offence must show at least seven years free from conviction after the restoration of their driving licence before their application will be considered.”
The Committee members were not satisfied that they would allow people for whom they cared for to enter a vehicle with Applicant 156919 due to his previous convictions for Driving a Motor Vehicle with Excess Alcohol’ and ‘Failing to Surrender to Custody at Appointed Time’ in 2016. The Committee noted that Applicant 156919’s DVLA driving licence was restored in July 2018; 5 years 10 months ago.
The Committee did not feel that there were any exceptional reasons before them to depart from the Policy that Applicant 156919 should demonstrate seven years free from conviction after the restoration of his driving licence. The Committee noted that, without further conviction, that would be July 2025 at the earliest.
Ultimately, the Committee did not believe that Applicant 156919 was a fit and proper person to hold a private hire drivers licence. The Committee were unanimously satisfied that Applicant 156919’s application should therefore be refused.
RESOLVED that Applicant 156919's, application for a Private Hire Drivers Licence be refused for the reasons as detailed above.