Agenda item

RESOLVED:

(i)         That the licence holder remains a fit and proper person to continue to hold a Dual Hackney Carriage and Private Hire Driver Licence.

(ii)        That the licence be suspended until the licence holder has certified successful participation of a North Northamptonshire Council approved advanced driving course.

(iii)      That 8 points be placed on the licence for 24 months.

The licence holder was present and was accompanied by his employer.

The Licensing Enforcement Officer introduced the report which asked the Panel to consider whether the licence holder was a fit and proper person to continue to hold a Dual Hackney Carriage and Private Hire Driver Licence. 

RESOLVED:

(i)        That the Dual Hackney Carriage and Private Hire Driver Licence be suspended until the successful certified completion of an advanced driving course approved by North Northamptonshire Council.

(ii)       That 8 penalty points be applied to the Licence Holder’s Dual Hackney Carriage and Private Hire Driver Licence for 24 months.

Reasons for Decision

In reaching the decision the panel took into consideration:

(i)        The report and exhibits presented by Rita Groves for North Northamptonshire Council.

(ii)       The representations of the licence holder and their employer

(iii)      The provisions of the Local Government (Miscellaneous Provisions) Act 1976.

(iv)      North Northamptonshire Council’s Hackney Carriage and Private Hire Licensing Policy [“the Policy”]

The Panel considered the relevant sections of the Policy applicable to their considerations including: 

5.0.9: All drivers must satisfy the Council that they are a fit and proper person to hold a Hackney Carriage, Private Hire Driver or dual licence. Once the licence has been granted, they must remain a fit and proper person throughout the duration of the licence. The fitness and propriety of the licensed driver will be monitored and assessed throughout the licence period. Where licence holders have contravened any licence conditions, or any other complaints; criminal behaviour; medical fitness; or other concerns are brought to the attention of the Council, or where their continued fitness and propriety is called into question the matter may be referred to the Licensing Sub Committee for consideration.

The North Northamptonshire Council Hackney Carriage and Private Hire Licensing Policy states in Appendix B – Private Hire and Dual Licence Driver Conditions at 2.5:

The driver must notify the Council in writing, within seven days of being engaged or employed to drive a private hire vehicle, of the name of the proprietor (licensee) of the vehicle, the operator of the vehicle (if different) and the date when such engagement or employment commenced.  The driver must also notify the Council in writing within seven days of any termination of engagement or employment with an operator

The Licensing policy Appendix G – Penalty Points System states: Hackney carriage and/or private hire driver failing to notify the Council of any cautions, convictions, including any pending convictions or fixed penalties within 7 days of notification. This includes ant Road Traffic offences.

The Council uses the recommendations in the ‘Institute of Licensing Guidance on determining the suitability of applicants and licensees in the hackney and private hire trades’ when assessing driver suitability to hold a licence. The guidance in this regard states:

4.42 A minor traffic or vehicle related offence is one which does not involve loss of life, driving under the influence of drink or drugs, driving whilst using a mobile phone, and has not resulted in injury to any person or damage to any property (including vehicles). Where an applicant has 7 or more points on their DVLA licence for minor traffic or similar offences, a licence will not be granted until at least 5 years have elapsed since the completion of any sentence imposed.

The Panel did consider that the licence holder’s conduct fell below the level expected of a Dual Hackney carriage and Private Hire Licence Holder in not complying with the conditions of his licence as required by the North Northamptonshire Council Hackney Carriage and Private Hire Licensing Policy.

The Panel unanimously decided to suspend the licence holder’s dual licence until the successful certified completion of an advanced driving course approved by North Northamptonshire Council. The Panel applied 8 penalty points for 24 months to the licence holder’s Dual Hackney Carriage and Private Hire Drivers Licence and strongly recommended that the licence holder familiarise himself with the conditions of his licence.

The Panel’s decision is reasonable and proportionate in the circumstances and based on the evidence before it with public safety at the forefront of its decision making.