Agenda item

Private Hire Driver Application – 158743

Minutes:

Members were asked to consider and determine an application for a private hire driver licence from Applicant- 158743 who had relevant DVLA convictions and did not meet the Licensing Authorities current Transport Policy.

 

Applicant - 158743 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- 158743’s application which contained a DVLA check code, showing two live DVLA endorsements.

 

- A copy of a summary transcript between Licensing Officers and Applicant- 158743.

 

The Committee understood that the matter before them was to determine an application for a private hire vehicle driver 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 two live DVLA endorsements for the offences of ‘driving otherwise than in accordance with a licence’ and ‘driving a motor vehicle uninsured against third party risks’ on 4th January 2022. The Committee were told that the applicant received 8 penalty points for these offences on 28th July 2022, and was fined £660.

 

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 the later. The Committee were told that four years from Applicant- 158743’s most recent conviction date was 28th July 2026.

 

The Committee were told that Applicant- 158743 was interviewed on 4th March 2025, by Licensing Officers, about the circumstances surrounding conviction. The Committee heard that Applicant- 158743 had explained that his friend was working for Just Eat delivering food, was unwell and asked Applicant- 158743 to deliver the food for him. The Committee heard that Applicant- 158743 said that he had attended McDonalds to collect the food, and when he returned to his car the police were waiting for him. The Committee were also told that Applicant- 158743 stated that he only held a provisional licence at the time and was driving alone in the vehicle.

 

The Licensing Team Leader for the Council told the Committee that Applicant- 158743 had said that he came to the UK in 2019, and did not know that he was required to be accompanied in the vehicle as a learner driver.

 

The Committee heard that in response to being asked if Applicant- 158743 believed that he was a fit and proper person to hold a private hire driver licence, Applicant- 158743 explained that he liked driving and communicating with people; a good fit as a taxi driver. The Committee were told that Applicant- 158743 told officers that he was a taxi driver for five years in his home country, and that he was a huge fan of driving, which is why he thought becoming a taxi driver in the UK was a good idea.

 

The Committee were told that Applicant- 158743 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.

 

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’ was listed as a major traffic offence under the Policy.

 

Members were not satisfied that they would allow people for whom they care to enter a vehicle with Applicant- 158743 due to his previous convictions for ‘driving a motor vehicle uninsured against third party risks’ and ‘driving otherwise than in accordance with a licence’ in 2022.

 

The Committee did not feel that there were any exceptional reasons before them to depart from the Policy that Applicant- 158743 should demonstrate four years free from conviction from July 2022.

 

The Committee noted that, without further conviction, that would be July 2026 at the earliest.

 

Ultimately, the Committee did not believe that Applicant- 158743 was a fit and proper person to hold a private hire vehicle drivers’ licence. The Committee were satisfied that Applicant- 158743’s application should therefore be refused.

 

RESOLVED that Applicant- 158743’s application for a Private Hire Drivers Licence be refused for the reasons as detailed above.