Agenda item

To consider an application for a Private Hire Driver Licence

Minutes:

The Licensing and Compliance Officer submitted a report for the Licensing Regulatory Panel to consider an application for a Private Hire Drivers Licence which does not meet the criteria of the Councils Conditions of Application and Licences.

 

The Applicant was in attendance at the meeting.

 

The Applicants Private Hire Licence expired on 12th June 2018, The applicant applied to renew on 28th June 2018 but her DVLA driving licence had expired. A new appointment was made on 10th July 2018 to renew the Private Hire Licence, however on this date the applicants DVLA licence had still not yet been renewed.

 

The Private Hire Licence had to be renewed by 10th July 2018, Due to the delay processing the DVLA licence the applicant was required to apply for a Private Hire Licence as a new applicant.

 

The officer then clarified the Private Hire Licence application process for both new and renewing drivers.

 

The officer’s recommendation was to refuse the licence.

 

The applicant then gave her representations, advising the panel that she had undertaken a medical and failed on the eye test by 1 point. This caused the delay in the renewal of her licence; The applicant now currently has a full DVLA licence. The eye test did not relate to the Licence required as a Private Hire Driver.

 

Members asked questions in relation to the eye test and the timeline in relation to the applicant renewing the Private Hire Licence.

 

The Licensing and Compliance officer then clarified that the applicant currently holds a certificate of professional competence, however now this is only for Category C1 and C1E vehicles. This does not qualify the applicant for an exemption from taking the driving assessment test.

 

The Licensing and Compliance Officer and the applicant then left the meeting while the panel considered the application.

 

Members considered the application, the officer’s report, and representations from the applicant and advice from officers. The Panel also considered relevant legislation, the Council’s Conditions of Application and Licences and the fact that the applicant acted in line with the current policy.

 

Councillor Mary Bainbridge moved to grant the Private Hire Drivers Licence for one year.

 

This was seconded by Councillor Bill Pegram

 

A vote was taken on the motion. The vote to approve the application was unanimous.

 

The Licensing and Compliance Officer and the applicant returned to the meeting.

 

The applicant was informed of the decision and its reasons.

 

Decision/Reasons

 

The Panel noted that the applicant has an exemplary driving history and that the circumstances of this matter were outside of her control.

 

Members noted that prior to the 28 day period following expiry of the licence, the application for renewal was made in good faith.  The difficulties with the DVLA licence being returned within the required timescale were outside of the applicant’s control.

 

Members noted that whilst the applicant had previously been exempt from taking the driving assessment, this is no longer the case.  Consequently, the Panel requested that the applicant complete the practical driving test offered by the Council within 12 months of renewal, and any subsequent renewal will be dependent upon the applicant passing this test.

 

If the applicant is aggrieved by the decision of the Panel, they can appeal to the Magistrates’ Court within 21 days of the decision.

 

Resolved

 

That the application for a Private Hire Licence be approved for one year and the applicant complete the practical driving test offered by the Council within 12 months of renewal.