Agenda and draft minutes

To consider whether it is in the public interest to exclude the public and representatives of the press from the remainder of the meeting in accordance with Section 100(A) of the Local Government Act 1972, on the grounds that the matters to be dealt with involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12 of the Act.

RESOLVED that the public and representatives of the press be excluded from the meeting in accordance with Section 100 (A) of the Local Government Act 1972, on the grounds that the matters to be dealt with involve the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12 of the Act.

To consider a report by the Licensing Officer which contains exempt information in respect of hackney carriage/private hire vehicle driving licences.

The Panel considered a report by the Licensing Officer which contained exempt information in respect of a hackney carriage/private hire vehicle driving licence.  A copy of the report and supporting documentation was circulated to all parties in advance of the hearing.

At the invitation of the Chairman, the Licensing Officer presented the circumstances of the case, as supported by the documentary evidence and as outlined in the report.  Clarification was sought from the Licensing Officer as to whether the Applicant had declared his conviction on the application form.  The Licensing Officer confirmed that the conviction had only come to light as a result of the DBS check.

The Applicant presented the circumstances of his case and answered questions from Members of the Panel  accordingly.  Points for clarification were sought from the Licensing Officer regarding the complaints that were received from members of the public about the Applicant.

The  Applicant was invited to make a closing statement in respect of his case and did so accordingly.

Following the presentation of the Applicant’s closing statement, the Applicant and the Licensing Officer left the room whilst the Panel considered its decision in private.

At the conclusion of the Panel’s deliberations, the Applicant and the Licensing Officer returned to the hearing whereupon the Chairman announced the Panel’s decision as follows:

COMBINED HACKNEY CARRIAGE AND PRIVATE HIRE TAXI DRIVER’S LICENCE

NAME: MR M

The Panel has considered very carefully the report of the Licensing Officer and all the evidence presented today.

It has given due regard to the Local Government (Miscellaneous Provisions) Act 1976 (“the Act”) and the Council policy and guidelines relating to the application of the “fit and proper person” test and other considerations of character. The Human Rights Act has been borne in mind whilst making the decision.

Mr M attended the hearing and with the permission of the Chairman addressed the Panel. Clarification was provided regarding the 6 points endorsed on his DVLA licence relating to an offence of using a vehicle uninsured against third party risks. Mr M explained that he was using his private car, not his taxi, on the day and he did a favour for a friend to deliver a takeaway in Portchester. As he arrived to deliver the food a police car had been following him and checked his licence and insurance. The police officer informed him that he did not have the correct insurance to be able to deliver food and offered him a fixed penalty which he accepted. He explained that his vehicle was insured on a fully comprehensive basis but this did not cover food delivery. Mr M was apologetic and disappointed with what happened on that day.

The Panel considered all the facts and has decided that Mr M is a fit and proper person in accordance with the Act. The panel note that Mr M’s licence was renewed in December 2024 and continues in force. Therefore his combined Hackney Carriage and private hire taxi drivers’ licence will continue. The reasons for this decision are outlined as follows:

Reasons for Decision

The Licensing Officer addressed the panel highlighting the circumstances of the application.  The panel was referred to the Taxi Policy and guidance around the fit and proper test as it relates to convictions, complaints, and patterns of behaviour. The licensing officer confirmed that the licensing team renewed Mr M’s licence in December 2024 with a referral to the sub-committee to consider the issue relating to his DVLA endorsement.

Whilst the Panel were concerned about the 6 points endorsed on Mr M’s licence relating to driving without proper insurance, the panel was satisfied with the explanation given by Mr M. It accepted that at the time he did not know that his fully comprehensive insurance would not cover him to deliver the food. The Guidance for issuing a licence which forms part of the Council’s policy allows a one-off driving conviction on the basis that mistakes can be made. Whilst the panel was concerned that this offence was one of no insurance Mr M had not made “no effort” to get insurance and the conviction resulted from a lack of understanding which will not be repeated.

It was also noted that Mr M did not declare the points when applying to renew his licence but accept that the application form could have been clearer on this issue and noted that the application form has been amended to clarify that applicants need to declare changes in the DVLA record as well.

The policy and guidance expects the panel to consider offences leading to endorsements. The panel has done so and for the reasons given is satisfied that this application can be approved.

In all the circumstances of this case the Panel felt there were good reasons to depart from policy and guidance and will take no action against the licence. However, the panel stress that this offending behaviour will be taken into considerations should there be further concerns raised. 

There is a statutory right of appeal to the Magistrate’s Court of the decision which must be made within 21 days of formal notice.