THE DECISION:

That Councillor R Kirk be elected Chairman for the duration of the meeting.

(Councillor R Kirk in the Chair)

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting during consideration of item 3 on the grounds that it involve the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

That under Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting during consideration of the item of business at minute no LAHP.9 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act as the Panel was satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Report of the Director of Law and Governance (Monitoring Officer)

The subject of the decision:

The Director of Law and Governance (Monitoring Officer) asked the Panel to consider whether the licence holder (“D”) was a fit and proper person to continue to hold a hackney carriage and private hire driver licence.

Alternative options considered:

The Panel considered the options in paragraph 6.1 of the officer’s report but, having concluded that D was not a fit and proper person to hold a hackney carriage and private hire driver licence, the only suitable option was to revoke D’s licence with immediate effect.

The Panel was not satisfied that any of the alternative options, including issuing a warning or a suspension, would adequately serve the interests of the public and address the safety concerns raised.

The reason for the decision:

The Panel considered the Director’s report, the oral representations of D, the Council’s Hackney Carriage and Private Hire Licensing Policy and the relevant legislation.

The Panel noted that, on 17 July 2018, D informed the Licensing Team that his DVLA licence had been endorsed in court with 6 penalty points and that he had been disqualified from driving for one month.  On 13 August 2018 D gave written notice of the conviction to the Licensing Team and provided a DVLA check code for officers to examine the endorsement.  On examination it became evident that D’s DVLA licence had previously been endorsed with six penalty points for two speeding offences occurring on 3^rd June and 16^th August 2017.  The offence that led to D’s disqualification was for using a vehicle uninsured against third party risk on 20 November 2017.

The Panel noted that, according to the Council’s Hackney Carriage and Private Hire Licensing Policy, applicants who have been disqualified from driving will not normally be granted a licence unless they have held a licence for at least 12 months following the expiry of the period of disqualification without receiving any further penalty points. The Panel noted that D was disqualified from driving for one month on 17^th July 2018 and therefore only one month had passed following the period of disqualification.

The Panel noted that according to the Policy, licensed drivers with nine or more penalty points endorsed on their driving licence in any rolling three year period will normally have their licence revoked.  The Panel noted that D’s driving licence had been endorsed with 12 points in the last 14 months.

The Panel also noted that a licence will not normally be granted to an applicant who has been convicted of driving without insurance unless at least three years have passed since the date of conviction.  The Panel noted that D’s conviction for driving without insurance had occurred within the last two months.

The Panel was satisfied that the Policy applies equally to existing drivers as it does to new applicants in determining suitability. Therefore, if a new applicant would be refused on the basis of their individual circumstances, a revocation would be an appropriate sanction for an existing driver  ...  view the full minutes text for item LAHP.9