Agenda item

Hackney Carriage Driver

Report ENV769 from the Licensing Officer.

Minutes:

As only one hackney carriage driver was attending the meeting and was waiting in the lobby, the Chairman, with the agreement of the Committee considered agenda item 5 before agenda item 4.

 

Decision:

 

To grant a licence to drive a Hackney Carriage vehicle as the driver was a fit and proper person to hold a hackney carriage licence.

 

The applicant was in attendance.

 

The Licensing Officer presented report ENV769 which concerned an application for a Hackney Carriage driver’s licence. The Licensing Officer highlighted the details contained within the exempt report and the number of penalty points that applicant had on his licence for using a vehicle uninsured against third party risks.  On further investigation it was found that the driver had held a licence in 2008 but had surrendered his badge in 2009.  The driver had contacted the Licensing Section in 2018 and stated that he had been disqualified under the totting up process.  The driver was informed that he could not reapply until three years had lapsed from the date his DVLA licence was reinstated.  He currently had six points on his DVLA licence.

 

The applicant then presented his case to the Committee and outlined the circumstances around the issue of the penalty points on his licence.  Questions were asked of the applicant by the Committee to which the applicant replied.

 

The Licensing Officer gave his closing statement. Members were asked to consider the report and appendices before them, and any further information supplied during the course of the meeting and decide whether:

 

-        To issue a licence to driver a Hackney Carriage vehicle, or

-        Refuse to issue a licence to drive a Hackney Carriage/Private Hire vehicle on the grounds that the applicant was not a fit and proper person to hold such a licence under Section 59 (1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The applicant had nothing to add to his previous statement.

 

(10:18 Licensing Officer and applicant left the meeting)

 

Members discussed the application before them.  Some Members felt that the applicant should be allowed to have a licence and that he was sorry for the oversight which had gained him penalty points on his licence.  Other Members were concerned about the pattern of behaviour shown by the applicant and the penalty points received over a period of time.  The Legal Advisor reminded Members of the current guidance in relation to convictions and what was considered a major offence. She reminded Members that spent convictions could be taken into account when considering an application as it could show a pattern of behaviour.  Further discussion followed with some Members still expressing concern about the applicants behaviour and whether or not he should be granted a licence.  It was proposed and seconded that the driver be granted a licence to drive a hackney carriage but with a strong warning as to his future conduct.  On being put to the vote it was agreed to grant a hackney carriage licence.

 

(10:36 – 10:52 an adjournment took place)

 

(10:52 the Licensing Officer and applicant returned to the meeting)

 

The Legal Advisor read out the Committee’s decision.  The Committee had taken into consideration the report, appendices, representations made, legislation, South Kesteven’s Policy, guidance and the Councillors Handbook. The applicant’s history showed serious driving offences in particular driving with no insurance, speeding and using a mobile phone whilst driving.  Public safety was paramount and the applicant’s record was not good.  The Committee acknowledged that several years had passed with a clean record and the difficult times that applicant had been through.   The Committee had decided to grant a licence to drive a hackney carriage by a majority vote, however, the applicant must ensure that he adhered to legislation and that any infractions or breaches of the law could put his licence in jeopardy. 

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