Report of the Director of Public Protection, Street Scene and Community (enclosed)
Minutes:
The Sub Committee considered a report to determine whether a driver was a fit and proper person to continue to hold a private hire drivers licence. Officers had been made aware that the driver had had his DVLA Driver’s licence revoked and in response to this information the Director of Public Protection, Street Scene and Community had suspended his Private Hire Drivers Licence under Section 61 (1) (B) of the Local Government (Miscellaneous Provisions) Act 1976.
The driver had held a Private Hire Driver’s Licence from 6 March 2014 which would expire on 6 March 2017 and Members received a copy of his application along with his current licence for information. It was explained that the driver had attended the Council’s offices on 27 February 2015 of his own accord to report a speeding conviction that he had received in June 2014, the offence related to a SP30 (exceeding the 30mph speed limit). Members were aware that a driver is required as a condition on the private hire driver’s licence to inform the council in writing of any conviction within seven days of a conviction.
At that meeting the driver also explained that he had received a letter from the DVLA informing him that his DVLA Driver Licence had been revoked as he had not responded to requests regarding the offence or to the endorsing of his driver’s licence in relation to the SP30 he had received.
The driver also informed the Council of his new address at the time of the visit, which again was contrary to conditions on his licence as he should have notified the authority within seven days. The driver was verbally advised at this meeting that he was suspended from driving under the authority of his licence and a written suspension notice was served by hand to his new address.
Members decided to proceed in the driver’s absence since over an hour had elapsed since the published time of the hearing and there had been no communication from him of any sort explaining his absence or requesting an adjournment.
Having considered all the information contained within the report and the licensing officer’s representation at the meeting, the Sub Committee RESOLVED to suspend the driver’s private hire driver licence under Section 61 (1)(b) of the Local Government (Miscellaneous Provisions) Act 1976.
If the driver produces to the Licensing Unit a current UK DVLA licence without any endorsements other than those already known to the Council by 31 May 2015 the Lead Licensing and Enforcement Officer is authorised to lift the suspension as soon as reasonably practicable.
If a current UK DVLA licence as described has not been produced to the Council by 31 May 2015 the Lead Licensing and Enforcement Officer is authorised to revoke the licence under Section 61 (1)(b) of the Local Government Miscellaneous Provisions Act 1976.
For the following reasons:
1. The driver does not hold a current DVLA licence and there has been no further contact from him since as he did not attend the hearing or send any documents to advise that this is no longer the case. Members noted that Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 provides that a driver licence may only be granted to someone who is fit and proper and holds a driver licence. Whilst this was not an application for the granting of a licence, members did not consider that lifting the suspension was consistent with the purpose of Section 51.
2. The driver had breached two of the conditions of his private hire driver licence, namely in failing to notify the Council in writing within 7 days of his conviction for speeding and secondly in failing to notify the Council of his change of address. There had been no explanation or mitigation from the driver regarding these breaches of conditions since he did not attend the hearing or send any documents. Members considered that breach of the conditions cannot be ignored if they are to remain credible and there had been no information before members to suggest that the breaches should not be subject of sanction.