Minutes:
Members were asked to consider and determine a private hire drivers application from applicant – 156923 who had relevant DVLA convictions and did not meet current Transport Policy.
Applicant - 156923 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 – 156923’s application which contained a DVLA check code, showing one live DVLA endorsement.
. A copy of a summary transcript of an interview with applicant – 156923 and licensing officers.
The Committee understood that the matter before them was to determine an application for a private hire vehicle drivers’ licence as detailed in the Committee report.
The Committee heard that a DVLA check code was received as part of the usual application process showing one live DVLA endorsement for the offence of ‘driving a motor vehicle uninsured against third party risks’ on 4th February 2023. The Committee were told that the applicant received no penalty points for this offence.
The Committee heard that the Council’s current policy stated that an application would normally be refused until at least four years after the most recent conviction, caution, reprimand, final warning or if the person was disqualified, after the restoration of their driving licence, whichever was ever the later. The Committee were told that four years from applicant – 156923’s conviction date was 4th February 2027, over two and a half years away.
The Committee were told that applicant – 156923 was interviewed on 17th June 2024, by licensing officers, about the circumstances surrounding his conviction. The Committee heard that applicant – 156923 admitted to driving without insurance, saying that he could not afford to pay for insurance. Applicant – 156923 advised officers that if he had appealed his conviction, he may have received six DVLA penalty points, which would have resulted in him having to re-take his driving test.
The Committee were advised that applicant – 156923 stated during interview that he attended Court and explained his situation to Magistrates, who decided not to hand down DVLA penalty points, and he was instead fined £500.
The Committee heard that in response to being asked if applicant – 156923 believed that he was a fit and proper person to hold a private hire driver licence, applicant – 156923 stated that he had no other convictions. The Committee were told that applicant – 156923 assured officers that he would be safe around passengers and acknowledged that he understood that he must have insurance in place.
The Committee were told that applicant – 156923 had undertook an oral fluid drugs screening test at the end of his interview and the results were negative.
Members had regard to the Committee papers, which had been circulated prior to the hearing and presented to them as well to the oral submissions made by applicant – 156923.
Having carefully considered the written documentation before them and in reaching their decision, the 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 the applicant 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 B; “If an applicant has an endorsement in respect of a major traffic offence then the application will normally be refused until at least four years after the most recent conviction, caution, reprimand, final warning or if the person was disqualified, after the restoration of their driving licence, whichever is the later”.
The Committee understood that offence of ‘driving a motor vehicle uninsured against third party risks’ is listed as a major traffic offence under the Policy.
The Committee members were not satisfied that they would allow people for whom they care to enter a vehicle with applicant – 156923 due to his previous conviction for ‘driving a motor vehicle uninsured against third party risks’ only last year.
The Committee did not feel that there were any exceptional reasons before them to depart from the Policy that applicant – 156923 should demonstrate four years free from conviction from February 2023. The Committee noted that, without further conviction, that would be February 2027 at the earliest.
Ultimately, the Committee did not believe that applicant – 156923 was a fit and proper person to hold a private hire vehicle drivers’ licence. The Committee were satisfied that applicant – 156923’s application should therefore be refused.
RESOLVED that applicant - 156923's application for a private hire drivers licence be refused for the reasons as detailed above.