Agenda item

Application to Renew a Hackney Carriage and Private Hire Licensed Driver (Reference PFDD005).

Report by Licensing Officer.  (Attached).

Minutes:

Also present:

 

The Applicant.

 

 

The Chair introduced herself, other Members of the Sub-Committee and the Officers present before outlining the nature of the hearing.

 

The Licensing Officer read out his report on the application to renew a Hackney Carriage and Private Hire Driver’s Licence (reference number PFDD005) (circulated previously).  The Licensing Officer confirmed that the applicant’s Driver and Vehicle Licensing Agency (DVLA) licence had been reinstated.

 

The Applicant presented his case.  The applicant explained how he had changed since the conviction and was taking part in a charity run raising funds for a charity in East Africa and explained he had learnt a lot of hard lessons and would not be returning to that lifestyle.

 

The Sub-Committee questioned the applicant.

 

In response to a question about his previous employment history the applicant explained that prior to driving a taxi he had struggled to find regular work but had worked as a window cleaner and in kitchens. When he began taxi driving in 2014 he discovered it was something he really loved doing.  He confirmed his previous employer was supportive of him returning to work as a taxi driver but he did not have a letter of recommendation from them to support his application.

 

The Licensing Officer summed up.

 

The Applicant summed up.

 

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

 

RESOLVED that everyone be re-admitted to the meeting.

 

The Chairman requested that the Corporate and Community Services Officer read the proposed decision, which was voted upon and agreed.

 

RESOLVED, that the application to renew the hackney carriage and private hire driver’s licence, (reference PFDD005), be refused.

 

The Sub-Committee was not satisfied that the applicant was a fit and proper person to hold a hackney carriage and private hire licence.

 

In reaching its decision the Sub-Committee had regard to the fact that the applicant took over three months to inform the Licensing Team that he had been convicted of an offence and had his driver’s licence revoked by the DVLA (contrary to Section 13.3 and Appendix O of Section 3.1 of the North Devon Council’s Hackney Carriage and Private Hire Licensing Policy, August 2016), which requires any person receiving a driving disqualification and any conviction for an offence to notify the Licensing Team in writing within seven days.

 

Furthermore the Sub-Committee had regard to Section 4.12 and Appendices H (3 (d) Drugs) and I of the North Devon Council’s Hackney Carriage and Private Hire Policy (August 2016) and the fact that the offence had occurred within the last 12 months and so the applicant was unable to show a period of at least three years free of conviction to warrant an application being entertained by this authority.

 

Finally the drug offence and revocation of the driver’s licence by the DVLA were considered to be relevant and serious enough to justify this decision not to renew the licences having regard to the fact that taxi drivers were required to transport vulnerable passengers.

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