Agenda item

To consider a report of the Assistant Executive Director Environmental Enforcement.

The Assistant Executive Director of Environmental Enforcement submitted a report requesting that the Panel considered whether the applicant was a fit and proper person in accordance with the provisions of Sections 51 (1) (a) of the Local Government (Miscellaneous Provisions) Act 1976.

The Panel considered the written information submitted that the applicant had applied for a Private Hire Driver’s Licence on 6 December 2016.  On their application they had declared a number of driving offences totalling 9 penalty points.  Checks completed by the Licensing Department revealed that there were 15 penalty points on the applicant’s DVLA Driving Licence.  There had been two further offences which were not initially detailed on the application form.

The Panel were aware that under Section 2 of the Private Hire Driver’s Conditions, drivers must disclose to the Council details of any convictions, cautions or any other orders imposed on them during the period of their licence within 7 days.  Also that a court, at its discretion, can disqualify individuals for driving for a period of up to 6 months if they receive 12 or more penalty points within a three year period.

Having heard the Licensing Manger’s case the Panel and the applicant were provided with the opportunity to ask questions.

The applicant then addressed the Panel and explained that they had used the paper counter part of their driving licence to complete their application form, which only detailed three offences.  Due to the digitisation of the DVLA and a lack of internet access the applicant was unable to check the dates of the additional offences so did not include them on the form.

The applicant told the Panel that they had been driving taxis for 26 years and prior to the offences had held a clean driving licence.  They had a good reputation with their customers and were well known and respected.  With regards to the two additional offences, they explained that they had been living out of the area and had been commuting to Tameside to work as a taxi driver and had received the points whilst making this journey.

Following the applicant’s case, Panel Members and the Licensing Manager were provided with the opportunity to ask questions.

At this juncture the applicant andthe Licensing Manager left the meeting whilst the Panel deliberated on the review.  The Solicitor to the Panel and the Senior Democratic Services Officer remained in the meeting to give legal and procedural advice and took no part in the decision making process.

The Panel considered all the information presented at the hearing and resolved that the application for the renewal of a Private Hire Driver’s Licence be granted but be suspended until 1 February 2017, by which point the applicant would have 12 penalty points on their licence.

The Panel considered it was a matter of some concern that there were so many points on the licence in addition to the failure to inform the Council of the new points within the required 7 days.  The applicant was reminded that should they receive any more points they must tell the Council within 7 days.

RESOLVED:

That the application for Private Hire and Hackney Carriage Driver’s Licence 3/2016 be granted but with a suspension until 1 February 2017.