Minutes:
The Chair invited Elaine Moreton, Section Leader (Licensing) and the Applicant (AK) 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 9 penalty points on his driving licence.
All parties were invited to question the Section Leader (Licensing) on the report and in response to a question from the Chair she confirmed that the 6 penalty points accrued in July 2016 had been due to driving with the incorrect insurance.
AK confirmed that the information contained within the report was accurate.
The Chair invited AK to make representations.
AK stated that on the evening of the driving offence referred to he had been working in a fast food outlet and, due to staff shortages, his boss asked him to make a home delivery which he did in his own car. During the journey he was stopped by the Police and charged with driving with the incorrect insurance. He had been unaware that he was committing an offence but accepted the 6 points and a fine. He had been driving for 10 years without any other problems. Driving a taxi would afford him the flexibility to both work and take care of his unwell wife and their children.
All parties were invited to question the Applicant on his submission.
In response to questions from the Sub-Committee, AK stated the following:
· The Police had pulled him over as one of the car’s back lights were not working;
· Whilst he would prefer to work in Birmingham to enable him to take and collect his children from school, he also intended to look for work in Wolverhampton;
· His boss had not checked if he had the correct insurance. Following the incident AK left his job as he felt he could not work for that person. AK paid the fine himself;
· The 3 points received for speeding was for exceeding the speed limit in an area in which the limit had been reduced from 40 mph to 30 mph;
· He had not yet approached any taxi companies for work.
The Chair invited the Section Leader (Licensing) to question AK. No questions were asked.
The Chair invited AK to make a final statement. AK said that he would appreciate a positive outcome and that it would help him and his family greatly.
AK and the Section Leader (Licensing) left the room to allow the Sub-Committee to determine the matter.
The Chair invited AK 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 AK 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.
AK and the Section Leader (Licensing) left the room.