Agenda item

The Chair invited Elaine Moreton, Section Leader (Licensing), the Applicant (AR) and his legal representative (Mr Currie) 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 paragraph 5.1.3(a).

All parties were invited to question the Section Leader (Licensing) on the report.  No questions were asked.

Mr Currie confirmed that the information contained within the report was accurate.

Mr Currie detailed the events leading to his client receiving six penalty points.  Following a family event, his cousin had offered to drive AR’s car to enable him to sit in the back with elderly relatives.  The cousin had told AR that she had fully comprehensive insurance but, when an accident had occurred, it turned out that she only had third party insurance and was therefore not covered.  If AR had known this he would have driven the car himself.  It was a conviction by omission and AR pleaded not guilty.  He was then contacted by the Police who explained the offence and how he was culpable.  Because he hadn’t seen his cousin’s insurance policy, he had simply taken her at her word, responsibility lay with him.  AR then pleaded guilty and received the minimal number of points.

AR had been driving for four years and there had been no other issues.  He did part-time work for a takeaway and handled cash.

Mr Currie continued, the conviction had been by omission, it had not been wilful.  He wanted to be able to finance his family (he had children aged 4 and 2 years old) but he had not been able to work in his previous trade, construction, due to injuries incurred during the accident.  As it was not a wilful offence, the Sub-Committee could deviate from the guidelines due to the exceptional circumstances.

All parties were invited to question the Applicant on his submission.

In response to questions from the Sub-Committee, Mr Currie, on behalf of AR, stated the following:

·     AR had approached Uber with a view to finding work should he be granted a Licence;

·     AR’s cousin had received six penalty points and a fine for driving without insurance.  In Court she had admitted misleading him;

·     The level of fine set by the Court was means tested (income based) rather than an indication of the seriousness of the offence;

·     AR had held a driving licence since March 2013 and drive a Vauxhall Vectra;

·     AR’s cousin had been 19 at the time of the incident.

Mr Currie, on behalf of AR, made a closing statement.  He asked that the Sub-Committee take into consideration the points raised and the heavy bearing that the high cost of insurance will have on him in terms of ensuring that he is a good driver and that he complies with the regulations.  In addition, the accident had not been a standard driving without insurance case, the offence had been by omission and it would be unusual for him to have not taken a family member at their word.

AR, Mr Currie and the Section Leader (Licensing) left the room to allow the Sub-Committee to determine the matter.

The Chair invited AR, Mr Currie and the Section Leader (Licensing) back into the Hearing.

The Chair detailed the decision of the Sub-Committee, which was read out in full by J. Bramley, Senior Solicitor.

Resolved

          That, having considered all of the information presented to the meeting, the Licensing Sub-Committee was not satisfied that the Applicant was a fit and proper person to hold a Private Hire Driver’s Licence and accordingly the application was refused.

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.

AR, Mr Currie and the Section Leader (Licensing) left the room.