Report of the Director of Public Protection, Streetscene and Community (enclosed)
Minutes:
The Sub Committee considered a report of the Director of Public Protection, Streetscene and Community to determine whether or not the driver was a fit and proper person to continue to hold his private hire and hackney carriage drivers licences under Section 61 of the Local Government (Miscellaneous Provisions) Act 196 – suspension of driver licences.
The driver had been granted his private hire and hackney carriage driver licences on 27 January 2006, having at that time completed a Group II Medical. The driver had continuously renewed his entitlement to his licences and currently held a Chorley Council Private Hire Drivers licence (PHD0843) and Hackney Carriage Drivers licence (HCD0335), both licences would expire on 26 January 2017.
On 14 July, the Council wrote to the driver advising him that he was required to complete a DVLA Group II Medical by 30 August 2015. The driver completed the medical on 18 August 2015 but failed to meet the medical standard required. Officers responded by suspending the driver’s (PHD0843) and (HCD335) licences on 24 September 2015.
The Council’s Medical Advisor deferred a decision on the driver’s medical, to ask for further information relating to the management of his diabetes as it was evident from the completed medical that the driver had from 8 April 2013 been managing his diabetes by use of insulin, indicating that he now had Type 2 diabetes.
In order to meet the strict standard to be able to drive within the Group II criteria, the driver needed to satisfy the Council’s Medical Advisor that he is aware of and able to manage the condition so that he posed no risk to himself or others. To date the information had not been provided.
The driver attended the meeting, along with his legal representation to answer questions of the Sub Committee. The driver provided evidence of his own management records of his diabetes and was aware that he needed to checks his levels on a more regular basis when out driving. He also provided the Committee with a letter that a Doctor had signed stating that he was fit to drive.
However, the driver did not present the evidence that had been requested of him by the Council’s Medical Advisor so that he could take a view on whether or not he was fit to drive a taxi under the Group II Medical conditions. The Council’s legal advisor explained to the driver, how this evidence could be obtained and why it was important.
After careful consideration and taking into account all the relevant factors the Sub- Committee RESOLVED to continue with the driver’s license suspensions until 23 November 2015 that had been made by officers until such a time as the driver could satisfactorily meet the DVLA Group II Medical requirement - written evidence of the monitoring of his Type 2 Diabetes by medical professionals who specialise in Diabetes to be provided within the timescale.
The driver was advised that this could be held electronically or by written record by his GP practice or at the hospital but that it was up to himself to request. Obtain and submit this evidence as part of his medical assessment requirements. This information will then be examined by the Council’s Medical Advisor.
Delegated power will be given to the Director of Public Protection, Streetscene and Community officer (at that time with the responsibility for licensing) to lift the suspension notice when satisfied that the provisions have been met.
Delegated power will also be given to the Director of Public Protection, Streetscene and Community officer (at that time with the responsibility for licensing) to revoke the licence should the driver fail to produce the sufficient medical evidence needed or the Council’s Medical advisor is not satisfied that the driver is DVLA Group II medical compliant to drive, with immediate effect under Section 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976.
Members noted that the driver had informed his insurance company that he had diabetes however, Members were unsure if they were aware that his condition had changed to Type 2 diabetes and asked for a note to be placed on his licensing file.