Minutes:
Members were asked to consider and determine an application for a combined hackney carriage and private hire driver, from applicant - 160556 who had provided a DVLA Check Code showing a relevant conviction and currently did not meet the Stockton Borough Council private hire and hackney carriage licensing policy.
Applicant – 160556, 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 – 160556’s application with a DVLA check code showing a code of IN10.
- A copy of an interview transcript between Licensing Officers and applicant – 160556.
The Chair introduced everyone present and explained the procedure to be followed during the hearing.
The Committee understood that the matter before them was to determine an application for a combined hackney carriage and 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 a live DVLA endorsement for the offence of ‘using a motor vehicle uninsured against third party risks (IN10)’ on 10th June 2024. The Committee were told that the applicant received 6 penalty points for this offence and was fined £516.
The Committee heard that the Council’s current policy stated that an 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 was the later. The Committee were told that four years from applicant – 160556’s conviction date was November 2028.
The Committee were told that applicant – 160556 was interviewed during January 2026, by licensing officers, about the circumstances surrounding his conviction. The Committee heard that applicant – 160556 had explained that he was working for Uber Eats, delivering food, when his vehicle was caused to stop by police officers, who noted that applicant – 160556 was not insured. The Committee heard that applicant – 160556 said that he was using ‘pay as you go’ insurance at the time, through a company called Zego. The Committee were also told that applicant – 160556 stated in interview that he did not know that the payment for his insurance had been declined by his bank, and he was therefore inadvertently uninsured. The Committee heard that applicant – 160556 had confirmed to officers that he would not use this type of insurance again.
The Committee heard that in response to being asked if applicant – 160556 believed that he was a fit and proper person to hold a combined hackney carriage and private hire drivers’ licence, applicant – 160556 explained that he had knowledge of this area and had previous experience as a taxi driver in Pakistan.
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 ‘using a motor vehicle uninsured against third party risks’ was 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 – 160556 due to his previous conviction for ‘using a motor vehicle uninsured against third party risks’ in 2024.
The Committee did not feel that there were any exceptional reasons before them to depart from the Policy that applicant – 160556 should demonstrate four years free from conviction from November 2024. The Committee noted that, without further conviction, that would be November 2028 at the earliest.
Ultimately, the Committee did not believe that applicant – 160556 was a fit and proper person to hold a combined hackney carriage and private hire vehicle drivers’ licence.
The Committee were satisfied that applicant – 160556’s application should therefore be refused.
RESOLVED that applicant –160556’s application for a combined hackney carriage and private hire vehicle drivers’ licence be refused for the reasons as detailed above.