Minutes:
The Chair invited Elaine Moreton, Section Leader (Licensing) and the Applicant (JC) into the Hearing, made introductions and outlined the procedure to be followed.
The Section Leader (Licensing), outlined the report regarding an application for a Private Hire Driver Licence, which had been circulated to all parties in advance of the meeting. The matter had been referred to the Sub-Committee in accordance with Guidelines Relating to Relevance of Convictions and Breaches of Licence Conditions, specifically the accumulation of 6 penalty points on his driving licence.
All parties were invited to question the Section Leader (Licensing) on the report. No questions were asked.
JC confirmed that the information contained within the report was accurate.
The Chair invited JC to make representations.
JC stated that his friend had phoned him to ask if he would cover work for him. He had no idea that he needed different insurance cover and his friend didn’t tell him. Whilst undertaking the work he was stopped by the Police, who informed him that he was not covered to do such work. JC apologised for his ignorance
All parties were invited to question the Applicant on his submission.
In response to questions from the Sub-Committee, JC stated the following:
· The work was fast-food delivery. He had been asked to cover at short notice and it was the first time he had done so.
· He used his own vehicle, which was covered by personal rather than business insurance.
· Following the incident his friend said that he had forgot to tell him that he needed to be insured to do the work. He had not been a good friend.
In response to questions from the Section Leader (Licensing), JC stated the following:
· The food had been in the front passenger seat. Police from an unmarked car had stopped him as he returned to his car after making the delivery.
No questions were asked by the Senior Legal Executive.
The Chair invited JC to make a final statement. JC said that he had made a mistake, for which he was sorry, and that he had learned that he had to check the requirements before taking a job. He needed to be able to work flexi-time to enable him to take his kids to school, the eldest of which was autistic. He also had to take his wife to work. Currently he was not earning enough to provide for his family.
JC and the Section Leader (Licensing) left the room to allow the Sub-Committee to determine the matter.
The Chair invited JC and the Section Leader (Licensing) back into the Hearing.
The Chair detailed the decision of the Sub-Committee.
Resolved
That, having considered all the evidence presented at the Hearing, both written and oral, the Sub-Committee agree to grant a Private Hire Vehicle Driver’s Licence for a period of 12 months. The Licence is subject to JC passing the knowledge test and a satisfactory medical, if he hasn’t already done so. The Licence is also subject to review by Licensing Services in six months time.
The Applicant has a right of appeal, against the decision of the Sub-Committee, to the Magistrates’ Court within 21 days of receipt of this decision.
The Senior Solicitor detailed the appeals process as well as the costs and potential costs to the Applicant.
JC and the Section Leader (Licensing) left the room.
Supporting documents: