Report by Licensing Officer (attached).

Also present: The Driver and Councillor Lethaby, Observing.

 

The Chair introduced himself and invited those present to introduce themselves.

 

The Driver confirmed he was happy for Councillor Lethaby to remain in the room and observe.

The Licensing Officer confirmed all requirements had been met in relation to this application.

 

The Legal Officer outlined the hearing process, explaining that the Licensing Officer would begin by presenting his report; the Sub-committee could then ask questions.  The Driver would then be able to present his case and the Sub-Committee would ask questions. It there was a witness the Driver could call for them to present a case.  Once all questions had been asked the Licensing Officer would sum up followed by the Driver.  All public and press would then be asked to leave so that the Sub-committee could take legal advice to formulate its decision.  Everyone would be readmitted to the meeting whereby the clerk would read the proposed decision and this would be voted on.  A copy of the decision notice would be given to the Driver and the Chair would call the meeting to a close.

 

The Driver confirmed he understood the process.

 

The Licensing Officer handed the Driver a copy of the Institute of Licensing’s Suitability Guidance (October 2024).

 

The Licensing Officer highlighted the following:

·         The Driver was granted a Hackney Carriage and Private Hire licence in January 2020 which was subsequently renewed in January 2023.

·         The next renewal was due in January 2026.

·         A Private Hire Operators licence was held by the Driver and this was first granted February 2020 and expired February 2026.

·         He also held a Private Hire Vehicle licence first granted in July 2021 and was due for renewal in July 2025.

·         During his licence renewal in January 2023 the Driver disclosed he had received 3 penalty points on his driver’s licence for exceeding the statutory speed limit on a public road this was dated December 2022.

·         The yearly check carried out by the Council on the DVLA site found two further speeding offences each accruing three points bringing the total number of points on the licence to 9 over three separate incidences.

·         Section 13.3 in Appendix O of the North Devon Council Hackney Carriage and Private Hire Licensing Policy states that drivers must notify the Licensing Team in writing, within a 48 hour period of any arrest and release, charge or conviction, receipt of a driving disqualification for any period of time, receipt of any fixed penalty, or anti-social behaviour order imposed on him/her whilst the licence was in force.

·         On 21 October 2024 the Driver was interviewed in accordance with the conditions of the Police and Criminal Evidence Act 1984 (PACE) in relation to the driving licence endorsements and the failure to notify the Licensing team at North Devon Council.

·         A newsletter sent out to all drivers on 8 February 2024 reminded Drivers of the requirement to notify the Council within 48 hours, a copy of this newsletter could be seen at Appendix A of the agenda.

·         In addition to the nine points on his DVLA licence the Driver had undertaken a speed awareness course, it being too soon for another to be taken.

·         The Sub-Committee had to consider whether the Driver was a fit and proper person to hold a hackney carriage and private hire licence as failure to notify of the additional six points on the licence raised the question of honesty.

 

The Driver presented his case.

 

The Members of the Sub-Committee asked questions.  The Driver gave the following responses to questions:

·         His sister had recently passed away and as a result he was distracted when driving.

·         One of the speeding incidents he was travelling at 42 mph in a 30 mph zone.

·         Yes he did received the newsletter and he did understand the requirements contained within the North Devon Council’s policy.

·         On the occasion of another speeding incidence he was travelling to pick up an elderly passenger sitting in the rain.

·         He understood there was a certain amount of trust required between driver and customer especially as in some circumstances he entered their homes to help off load grocery shopping.

·         He drove around 45,000 per annum.

·         He was reminded of the need to notify us of his speeding offences during a conversation with another driver.

·         Irrespective of the failure to notify of the speeding offences he felt he was a fit and proper person.

·         He felt that not disclosing the offences was worse than the speeding itself.

·         He usually picked up elderly customers and if he were not allowed to drive the customers would struggle to find anyone to replace him.

 

The Licensing Officer summed up his case by explaining to the Sub-Committee that it was helpful to have the Driver in front of them to answer questions.  He was a laid back individual who enjoyed driving.  The community would miss his service.  He was very compassionate and went above and beyond in terms of the service he provided.

 

The Driver summed up by apologising for not declaring his offences and that he would definitely disclose in the future if it should happen again.

 

RESOLVED that everyone be excluded from the meeting with the exception of the Members, Legal Officer, and Corporate and Community Services Officer in order for the Sub-Committee to receive legal advice in accordance with paragraph 5 of Schedule 12A of the Local Government Act 1972.

 

That it being 11.35 all public and press be readmitted to the meeting.

 

The Chair asked the clerk to read out the proposed decision and the reasons for the proposed decision as follows:

 

Reasons for the decision:

 

The Licensing Authority has determined, with the high responsibility that the Licensing Authority has in respect to the protection of the public that you were not operating appropriately as a fit and proper person for the above licences for the following reasons, pursuant to section (61) (1) and (2B) of the Local Government (Miscellaneous Provisions) Act 1976, and Appendix H (18) (i) (l) and Section 4.12 of the Council’s Hackney Carriage and Private Hire Licensing Policy dated December 2023, and the information that Members have heard today.  A temporary suspension of Licence was proportionate to reflect this for 14 days and to undertake a driver awareness course and/or pass a driver assessment, with no more than eight minor infringements, within four months of this notice.

 

The reasons for this were:

 

(a)  There was no evidence of the Licensing Authority being notified of two driving offences dated 30 December 2023 and 17 July 2024 in line with reporting requirements of the Council’s Hackney Carriage and Private Hire Licensing Policy; and

(b)  Accumulation of nine DVLA penalty points for speeding offences within a nineteen month period between December 2022 and July 2024.

 

Appendix H (18) (i) of the Council’s Hackney Carriage and Private Hire Licensing Policy states that Hackney carriage and private hire drivers are professional drivers charged with the responsibility of carrying the public.  It was accepted that offences could be committed unintentionally, and a single occurrence of a minor traffic offence would not prohibit the granting of a licence.  However, applicants with multiple motoring convictions may indicate that an applicant did not exhibit the behaviours of a safe road user and one that was suitable to drive professionally.

 

By attaining seven or more penalty points on their DVLA licence a driver was demonstrating they may not be fit and proper and the authority should assess their suitability.  It was suggested part of the assessment was to undertake a driver awareness course and/or pass a driver assessment with no more than eight minor infringements, within four months of notice from the authority they were considering the suitability of the licence holder.  Failure to do so would strongly suggested the driver was not fit and proper and not be licensed until a period of 12 month had passed with no further convictions and had passed a driver assessment since the last conviction, (4.54 of the Institute of Licensing Suitability Guidance).

 

In this instance the driver had incurred nine penalty points for speeding within a short period of time which was not a single occurrence, and the Licensing Authority believed the number of points accrued indicated a propensity to drive in this manner.  Moreover, these points had accumulated following the driver’s attendance at an educational speed awareness course.  It was held that the accumulation of these penalty points indicates that the driver did not exhibit the behaviours of a safe road user and one that was suitable to drive professionally.  The miles per hour (MPH) over the speed limit was significant and had been a consideration.

 

Whilst the Licensing Authority was not considering the grant of a new licence in this instance, Members also noted that within Appendix H (18) (l) of the Council’s Hackney Carriage and Private Hire Licensing Policy where a new driver applicant had seven or more points on their DVLA licence for minor traffic or similar offences, a licence would not be granted until at least five years had elapsed since the completion of any sentence imposed.  This set the expectation and gravitas pertaining to the propensity to speed in motor vehicles used prior to a licence having been granted, and now the Licensing Authority was determining a situation after the grant of a licence and relevant to the standard of fitness of a licensed hackney carriage and private hire driver.

 

We had to consider if the fact they had not disclosed the penalty points was a dishonest act with intent or that it was simply an oversite due to lack of understanding/knowledge of the policy and didn’t received the newsletter dated 8 February 2024 reminding drivers of their obligation to notify North Devon Council within 48 hours of receipt of any fixed penalty.

 

Any dishonesty by any applicant or other person on the applicant’s behalf which was discovered to have occurred in any part of any application process (e.g. failure to declare convictions, false names or addresses, falsified references) would result in a licence being refused, or if already granted, revoked and may result in prosecution.  North Devon District Council’s Hackney Carriage and Private Hire Licensing Policy Appendix H section 12 (December 2023) (4.23 of the Institute of Licensing Suitability Guidance).

 

If not believed to be an intentional dishonest act then it may be considered to be a negligent act and question the driver’s suitability.  In these circumstances a suspension of the licence for a period of time may be deemed to be a suitable sanction.  Section 61 of the Local Government (Miscellaneous Provisions) Act 1976 stated that a district council may suspend, revoke or refuse to renew the licence of a driver of a Hackney Carriage or Private Hire vehicle where he has been convicted of an offence under or has failed to comply with the provisions of the Town Police Causes Act 1847 or the 1976 Act or for ‘any other reasonable cause’.

 

There were concerns namely the Licensing Authority was not satisfied that any attempts had been made to notify them of the subsequent speeding offences which was considered to be an intentional and deliberate act.  This alongside the associated speeding offences was considered relevant and serious enough to justify the suspension of the current hackney carriage and private hire driver’s licences for a period of 14 days.

 

RESOLVED:

 

(a)  That the hackney carriage and private hire drivers licence be suspended, with immediate effect, for a period of 14 days; and

 

(b)  That the driver undertakes an awareness course and/or passes a driver assessment, with no more than eight minor infringements, within four months of today’s notice of decision.