Stockton-on-Tees Borough Council

Big plans, bright future

Licensing Committee (ceased to operate 10/04/2017) Minutes

Date:
Thursday, 6th October, 2011
Time:
10.00 a.m.
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AJ
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton (Chair); Cllr Michael Clark, Cllr Evaline Cunningham, Cllr Phillip Dennis, Cllr Ken Dixon, Cllr Eileen Johnson, Cllr Miss Tina Large, Cllr Alan Lewis, Cllr Ray McCall, Cllr Mrs Kath Nelson, Cllr Maurice Perry and Cllr Bill Woodhead.
Officers:
M Vaines, C Barnes, S Mills (DNS); J Nertney, P K Bell (LD).
In Attendance:
For agenda item 4 - Private Hire Driver Miss A G - Miss A G, Mr Wilson (AtoZ Licensing) Representing Miss A G; For agenda item 6 - Application for Private Hire Drivers Licence - Mr S T - Mr S T; For agenda item 7 - Application for Private Hire Driver - Mr M A Y - Mr M A Y; For agenda item 8 - Combined Hackney & Private Hire Driver - Mr T M L - Mr T M L, Mr Wilson (AtoZ Licensing) Representing Mr T M L; For agenda item 9 - Private Hire Driver Mr C S N - Mr C S N, Mr S N (Father of Mr C S N).
Apologies for absence:
Cllr Jean Kirby and Cllr David Wilburn.
Item Description Decision
Public
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DECLARATIONS OF INTEREST
There were no interests declared.
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MINUTES
The minutes of the meetings held on 27th June 2011 and 4th July 2011 were signed by the Chair as a correct record.
Confidential
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PRIVATE HIRE DRIVER - A.G.
  • Private Hire Driver - A.G.
RESOLVED that:-

1. Miss A G's Private Hire Drivers Licence be revoked.

2. The revocation of Miss A G's licence was based on the grounds of public safety and therefore under Section 61(2)(B) the revocation take immediate effect.
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PRIVATE HIRE DRIVER - K.H.
  • Private Hire Driver - K.H.
RESOLVED that:-

1. Mr K H's Private Hire Drivers Licence be revoked.

2. The revocation of Mr K H's licence was based on the grounds of public safety and therefore under Section 61(2)(B) the revocation take immediate effect.
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APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - S.T.
  • Application For A Private Hire Drivers Licence - S.T.
RESOLVED that Mr S T's application for a Private Hire Drivers licence be granted with a warning as to his future conduct.
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APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - M.A.Y.
  • Application For A Private Hire Drivers Licence - M.A.Y.
RESOLVED that Mr M A Y's application for a Private Hire Drivers licence be granted with a warning as to his future conduct.
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COMBINED HACKNEY CARRIAGE & PRIVATE HIRE DRIVER - T.M.L.
  • Combined Hackney Carriage & Private Hire Driver - T.M.L.
RESOLVED that:-

1. Mr T M L be allowed to keep his licence but be issued with a written warning.

2. Mr T M L attend the driver improvement course at his own expense. If Mr T M L does not complete the course as matter of priority then he would be brought back before the Committee.
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PRIVATE HIRE DRIVER - C.S.N.
  • Private Hire Driver - C.S.N.
RESOLVED that:-

1. Mr C S N be issued with a written warning as to his future conduct in relation to his driving conduct.

2. Mr C S N attend the driver improvement course at his own expense. If Mr C S N does not complete the course as matter of priority then he would be brought back before the Committee.
10.00 am - 2.00 pm

Preamble

ItemPreamble
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Considaeration was given to a report on a Private Hire Driver who during the term of her licence was suspended with immediate effect on the 19 July 2011. The reason for the suspension was that her private hire vehicle was recorded travelling at 37mph at 12:55 hrs on the 19 November 2010, on Cowpen Lane, Billingham which was a 30mph speed limit. Cleveland Police sent out the Notice of Intended Prosecution And Request For Information to Identify The Driver of The Motor Vehicle. Miss A G was the driver at the time of the incident but in an attempt to avoid prosecution she returned the completed form to Cleveland Police and named an unlicensed male as the driver at the time.

Miss A G was a licensed Private Hire Driver with the Authority and had been since January 2005 and her licence was due to expire on the 31 January 2012.

On the 12 May 2011 information was received from Cleveland Police, this detailed that at 12:55 hrs on the 19 November 2010, on Cowpen Lane, Billingham, private hire vehicle 783, vehicle registration YP05 ALU was recorded travelling at 37mph on a 30mph road. Cleveland Police sent out the Notice of Intended Prosecution And Request For Information to Identify The Driver of The Motor Vehicle to the proprietor, Mr A S. He completed and returned the form and named Miss A G as the driver at the time.

Cleveland Police resent out the Notice of Intended Prosecution And Request For Information to Identify The Driver of The Motor Vehicle to Miss A G. Miss A G completed and returned the form and named Mr M B as the driver. A copy of the completed form was available at the meeting.

On the 14 July 2011 Miss A G was interviewed regarding the information which had been received. During interview Miss A G admitted to being the driver at the time in question and also admitted to paying Mr M B to accept the points. A summary of the interview was attached to the report.

On the 19 July 2011 the decision was made to suspend Miss A G's licence with immediate effect a copy which was attached to the report.

On the 20 July 2011 Miss A G returned her driver badges to the Licensing Unit.

Miss A G attended court in relation to the speeding offence on 23 August 2011 but the case was dismissed as there was no evidence offered by the Crown Prosecution Service. Enquiries with the Cleveland Police had confirmed that case was dropped against Miss A G.

Miss A G had previously had a written warning from the Licensing Department in relation to her standard of driving after she received 3 DVLA penalty points for speeding on the 10 May 2010 and a further 3 DVLA penalty points for speeding on the 20 June 2010 and therefore had 6 live DVLA penalty points on her licence. Copy of the letter was attached to the report and a copy of Miss A G's driving licence was attached to the report.

Members were reminded that under the provisions of Section 61 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 the Council may suspend or revoke or refuse to renew the licence of a hackney carriage and/or private hire driver on any of the following grounds:-

(a) that he has since the grant of the Licence:-

(i) been convicted of an offence involving dishonesty, indecency or Violence; or

(ii) been convicted of an offence under or fails to comply the provisions of the
Act of 1847 or of this part of this Act; or

(b) any other reasonable cause.

and Section 61(2)

(A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section

(B) If it appears in the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2) (a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.

A copy of the adopted guidelines relating to the Relevance of convictions was attached to the report for Member's information.

Miss A G and her representative Mr D Wilson (AtoZ Licensing) were in attendance at the meeting and were given the opportunity to state her case.

Members felt that Miss A G actions in attempting to pervert the course of justice was deliberate and there were no mitigating factors to excuse this behaviour. Miss A G had made a conscious decision to seek someone who would take her penalty points and paid them the sum of 100 for doing so.

In addition, at the time of the speeding offence in November 2010 had Miss A G been convicted of the offence this would have given her 9 live penalty points on her DVLA driving licence. Although the Members had sympathy for Miss A G's personal circumstances it did not excuse her actions and therefore Members found her dishonesty and driving record not to be of the standard expected of a licensed driver.

Members did take into account her personal circumstances and noted that she had not worked since her licence had been suspended in July 2011. However although Members had sympathy with Miss A G this was mitigation only and did not excuse her behaviour. It was noted that the revocation of her licence would have an effect on her livelihood but this was deemed to be proportionate given the circumstances.

Members agreed that Miss A G's actions in making false statements and attempting to pervert the course of justice went to the crux of a drivers fitness i.e. it was a wilful and deliberate attempt to deceive. In addition Miss A G's driving history also fell far short of that expected of a licensed driver. Members deemed this to be sufficient reasonable cause under Section 61(1)(b) of the above mentioned Act for revoking Miss A G's Private Hire Drivers Licence. Furthermore Members made a finding that the revocation of Miss A G's licence was based on the grounds of public safety and they agreed that under Section 61(2)(B) that the revocation take immediate effect.
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Members were informed that Mr K H was not in atendance at the meeting. A letter from Mr K H was circulated to Members in which he offered to surrender to his combined hackney carriage and private hire drivers licence. Members decided that they should still consider the item and hear the item in Mr K H's absence as they felt Mr K H had sufficient notice of the meeting. Mr Wilson (AtoZ Licensing) was in attendance at the meeting but as he had not been formally retained by Mr K H withdrew from the meeting and left the room.

Consideration was given to a report on a Combined Hackney Carriage and Private Hire Driver who during the term of his licence was suspended with immediate effect on the 15 July 2011. The reason for the suspension was that his hackney carriage vehicle was recorded travelling at 47mph at 13:07 hrs, 39mph at 14:06 hrs and 37mph at 14:10 hrs on the 2 March 2011, on Oxbridge Lane, Stockton, which had a 30mph speed limit. Cleveland Police sent out the Notice of Intended Prosecution And Request For Information to Identify The Driver of The Motor Vehicle. Mr K H was the driver at the time of the incident but in an attempt to avoid prosecution he returned the completed form to Cleveland Police and named an unlicensed male as the driver at the time of all three incidents.

Mr K H was a Combined Hackney Carriage and Private Hire Driver with the Authority and had been since October 2010. The licence was due to expire on the 31 October 2011.

On the 12 May 2011 information was received from Cleveland Police, this detailed that at 13:07hrs on 2 March 2011 at Oxbridge Lane, hackney carriage vehicle 821, vehicle registration YL55 OUD was recorded travelling at 47mph when there was 30mph speed limit on the road. At 14:06hrs on the same date the same vehicle was recorded travelling at 39mph on the same road. At 14:10hrs on the same date the same vehicle was recorded travelling at 37mph on the same road.

Cleveland Police sent out the Notice of Intended Prosecution And Request For Information to Identify The Driver of The Motor Vehicle to the proprietor, Mr M Z. He completed and returned the form and named Mr K H as the driver at the time.

Cleveland Police re-sent out the Notice of Intended Prosecution And Request For Information to Identify The Driver of The Motor Vehicle to Mr K H. Mr K H completed and returned all 3 forms and named Mr M B as the driver. A copy of the completed forms were available at the meeting.

On the 12 July 2011 Mr K H was interviewed regarding the information which had been received. During interview Mr K H admitted to being the driver at the time in question and also admitted to paying Mr M B to accept the points. A summary of the interview was attached to the report.

On the 15 July 2011 the decision was made to suspend Mr K H's licence with immediate effect a copy was attached to the report.

On the 14 September Mr K H returned his driver badges to the Licensing Unit.

Mr K H had previously had a written warning from the Licensing Unit in relation to his standard of driving after he received 3 DVLA penalty points for a Pelican Crossing offence on the 10 November 2010 and therefore had the potential to have 12 DVLA penalty points on his driving licence depending how the police wish to deal with the offences. Copy of the warning letter and a copy of Mr Hussain's driving licence was attached to the report.

Member were reminded that under the provisions of Section 61 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 the Council may suspend or revoke or refuse to renew the licence of a hackney carriage and/or private hire driver on any of the following grounds:-

(a) that he has since the grant of the Licence:-

(i) been convicted of an offence involving dishonesty, indecency or Violence; or

(ii) been convicted of an offence under or fails to comply the provisions of the
Act of 1847 or of this part of this Act; or

(b) any other reasonable cause.

and Section 61(2)

(A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section

(B) If it appears in the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2) (a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.

A copy of the adopted guidelines relating to the Relevance of convictions was attached to the report.

Members felt that Mr K H's actions in attempting to pervert the course of justice were deliberate. Members believed that Mr K H had made a conscious decision to seek someone who would take his penalty points and paid them the sum of 50 for doing so. It was noted that Mr K H had accepted responsibility for the three speeding offences and he had previously been warned regarding his standard of driving shortly after his licence was granted and if Mr K H were to be convicted of the 3 speeding offences in October it would take his total points to 12. It was also considered that the speeding offences were serious owing to the fact that on one occasion Mr K H had been doing 47 mph in a 30 mph zone and on a second you had been doing 39 mph in 30 mph zone.

Members did take into account Mr K H's personal circumstances outlined in his letter and noted that he had not worked since his licence had been suspended in July 2011. However, although Members had sympathy with Mr K H this was mitigation only and did not excuse his behaviour. It was noted that the revocation of Mr K H's licence would have an effect on his livelihood but this was deemed to be proportionate given the circumstances.

Members agreed that Mr K H's actions in making false statements and attempting to pervert the course of justice went to the crux of a drivers fitness i.e. it was a wilful and deliberate attempt to deceive. In addition Mr K H's driving history also fell far short of that expected of a licensed driver. Members deemed this to be sufficient reasonable cause under Section 61(1)(b) of the above mentioned Act for revoking Mr K H's Private Hire Drivers Licences. Furthermore Members made a finding that the revocation of Mr K H's licence was based on the grounds of public safety and they agreed that under Section 61(2)(B) that the revocation take immediate effect.
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Consideration was given to a report on an application for a private hire driver's licence from an applicant who had served a term in prison for possessing a controlled drug with intent to supply, supplying a controlled drug and also affray.

Mr S T had applied to become a licensed private hire driver with the Authority. A copy of his application including his DVLA driving licence was attached to the report.

An important part of the vetting process was to undertake a Criminal Record Bureau check (CRB). This was done on the 24 June 2011 with a copy being returned to the applicant. This revealed on the 10 January 1997 Mr S T was convicted of possession of a controlled drug with intent to supply on the 1 December 1995, namely LSD, which was a class "A" drug. He was sentenced to a young offenders institute for 2 years concurrent. Also on the 10 January 1997 he was convicted of three offences of supplying a controlled drug on 1 January 1996, namely LSD, and was further sentenced to a young offenders institute for 4 years for each offence which was to run concurrently.

On the 25 April 1997 Mr S T was also convicted of Affray which had taken place on the 20 September 1996 and was sentenced to a young offenders institute for 12 months which again was to run concurrently. Mr S T's CRB was available for Members at the meeting.

Due to the offences disclosed it was felt appropriate to interview Mr S T to hear his explanation. A summary of the interview was attached to the report.

Mr S T was given a copy of the Councils guidelines on Relevance of Convictions at the time of his application, and it stated in the guidelines a "An applicant with a conviction, caution, reprimand or final warning for a drug related (non driving) offence should be required to show a period of at least five years free of a conviction, caution, reprimand or final warning before an application is considered or five years from completion of any custodial sentence imposed, whichever is the later. If the conviction, caution, reprimand or final warning relates to the supply of prohibited drugs then it is unlikely that even after this period the application will be granted."

A copy of the Relevance of convictions was attached for Member's information.

Member were reminded that under the provisions of Section 51(1) (a) of the Local Government Miscellaneous Provisions Act 1976 which instructs District Councils not to grant a licence to drive private hire vehicles unless they are satisfied that the applicant is a fit and proper person to hold such a licence.

Mr S T was in attendance at the meeting was given the opportunity to state the reasons why he thought he should be given a Private Hire Drivers licence.

Member considered Mr S T previous convictions and also listened carefully to what he had to say with regard to the matters outlined to them. Members also had regard to Mr S T's explanations regarding his convictions and also to what he said in interview. Members also noted that under their policy on the relevance of convictions "an applicant with a conviction, caution, reprimand or final warning for a drug related (non driving) offence should be required to show a period of at least five years free of a conviction, caution, reprimand or final warning before an application is considered or five years from completion of any custodial sentence imposed, whichever is the later. If the conviction, caution, reprimand or final warning relates to the supply of prohibited drugs then it is unlikely that even after this period the application will be granted".

Members noted that the offences disclosed on Mr S T's criminal record were 12 years old and as such made a finding that it was an isolated incident when he was younger. They also noted that Mr S T had a clean driving record.

Members found that Mr S T had provided sufficient reasons to persuade them to depart from their guidelines. Whilst they considered the matters to be serious they decided on this occasion to grant Mr S T's licence with a severe warning as to his future conduct.

Members warned Mr S T that as a licensed driver Mr S T would be expected to drive his vehicle with due care and attention at all times, taking into account the safety of his passengers and other road users as well as sticking to the speed limit. Mr S T should also behave in a civil and orderly manner at all times.
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Consideration was given to a report on the suitability of an applicant for a Private Hire Drivers Licence who was previously licensed by the authority but did not renew his licence in March 2010. He had put in a new application but had 9 live points on his DVLA licence

A new application for a Private Hire drivers licence had been received from Mr M A Y. A copy of the application, including Mr M A Y's DVLA licence was attached to the report.

Mr M A Y was a licensed hackney carriage and private hire driver with the authority between March 2006 and April 2010.

In August 2007, a complaint was received in relation to Mr M A Y carrying an excess number of passengers on Saturday 28 July 2007. Mr M A Y was interviewed by Officers in August 2007 in relation to the complaint and he confirmed he did carry excess passengers in his hackney carriage vehicle.

Mr M A Y was offered a Formal Caution in relation to this matter and he accepted this and attended the office in October 2007 in order to sign and date the paperwork. He was also issued 2 Licensing Penalty Points.

Mr M A Y failed to renew his badge in March 2010, as he was out of the country.

Mr M A Y contacted the Licensing Unit in May 2010 and Officers advised him he needed to make a full new application as his previous licence was allowed to lapse. He was also advised as he had 15 live DVLA points on his licence he should wait sometime before applying.

Mr M A Y submitted an application for a private hire driver's licence to the authority in April 2011. His application was passed to an Officer due to the number of DVLA points on his licence.

Mr M A Y was interviewed in June 2011 when he confirmed the details of the incidents that lead to the points being awarded.

The first of the live points were an SP30 from March 2009. Mr M A Y advised he was travelling at 35mph on Thornaby Road and was caught by a Police Officer with a speed gun.

The next points were received also in March 2009 when he was travelling on the A66 from Darlington. Where the speed limit changes down to 50mph he was still travelling at 60mph.

Mr M A Y was then convicted at Court in January 2010 for a TS10 - Failing to comply with traffic light signals. This occurred on Thornaby Road (A1045) from Thornaby towards Stockton at the junction with the A1130. Mr M A Y was pulled over by the Police Officer after he went through these lights on amber. The Police Officer was at the junction on the A1130. Mr M A Y contested what the Officer said and went to court. He received 6 DVLA penalty points and a 100 fine. Mr M A Y also has a conviction for another TS10 in March 2010.

Officers questioned Mr M A Y further about the two TS10 convictions as the offence dates were the same (05-08-09) but the convictions dates and penalty's were different. It transpired during interview that Mr M A Y had been convicted twice, at two different Courts, for the same offence. Enquiries were then made with Teesside Magistrates Court who confirmed that the initial conviction and DVLA points issued in January 2010 were issued in error and should have been rescinded as the case should have been adjourned to 3 March 2010. Mr M A Y was then issued points and a fine on 3 March 2010 at Langbaurgh East Magistrates Court. Copies of the paperwork were attached to the report.

Mr M A Y advised that when at Court in January 2010 the Magistrate asked him what happened and he stated the Police Officer was aggressive with him. Six points were issued and another Court date was confirmed as March 2010. Mr M A Y then said the other magistrate issued him another three points. A summary of the interview transcript was attached to the report.

Mr M A Y had since moved address and had contacted DVLA with his new details and a letter explaining the need to rescind 6 of his points, issued in January 2010. He had received his updated licence but only the address had been changed and no points had been removed.

Officers advised him to contact the DVLA again and provide copies of the Court information and explain that the 6 points issued in January 2010 needed to be removed. Mr M A Y was dealing with the issue and trying to obtain an accurate DVLA licence with 9 live points showing.

A copy of the guidance on the Relevance of Convictions was be available for Members information.

Members were respectfully reminded that under the provisions of section 51(1)(a) of the Local Government (Miscellaneous Provision) Act 1976, District Councils are instructed not to grant a licence to drive private hire vehicles, unless they are satisfied that the applicant is a fit and proper person to hold such a licence.

Mr M A Y was in attendance at the meeting and was given the opportunity to state his case.

Members had full regard to the report presented and took into account what Mr M A Y had to say in relation to the matters in question.

Members noted that Mr M A Y had a 9 live DVLA licensing points, 6 for two separate speeding offences and 3 for a traffic signal offence. Members gave consideration to the report in respect of the Council's Policy and on this occasion decided to put their trust in Mr M A Y and to grant him a private hire driver's licence.

Members stated that this was with a warning as to his future conduct. Driving convictions were considered serious and as a licensed driver the Council expect Mr M A Y to demonstrate a high standard of driving at all times.
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Consideration was given to a report on a licensed combined hackney carriage and private hire driver who had 10 live DVLA points on his driving licence.

Mr T M L was a licensed Hackney Carriage Driver with this authority and has been licensed with this authority since March 2007.

Mr T M L had been convicted of "Using a mobile phone while driving a motor vehicle" for which he received 3 DVLA points. This brought his total up to 10 live, since he already had:-

SP30 "Exceeding Statutory Speed Limit on a Public Road" (4 points - 08/01/09) and,

CD10 "Driving without Due Care and Attention" (3 points - 14/08/09)

A copy of Mr T M L's DVLA licence was attached to the report.

Mr T M L undertook the Driver Improvement Course in April 2009.

Mr T M L was caught using his hand held mobile phone whilst driving when he was working away in Wales. He stated during interview that he had gone away to work with his friend labouring as he was having some personal problems. He was on the phone to a family member when an unmarked car noticed him.

He acknowledged he had done wrong and had broken the law and also realised the seriousness of his actions. Mr T M L also stated in interview that he now always pulls over to use his mobile phone.

Mr T M L's licence was initially granted with a reminder as to his future conduct because of a complaint received about him when he worked as a mini bus driver, with a PSV licence, working with Royal Cars.

Mr T M L received an oral warning from officers in January 2009 following a complaint made about his attitude. Mr T M L stated that a member of the public opened their door on to his vehicle. He advised he asked them to mind the car because it wasn't his car and any damage had to be paid for by him to the Operator Company.

Mr T M L was granted his renewal application in April 2009 with a warning as his DVLA licence showed the incorrect address details.

Mr T M L had not received any customer complaints in the time he had been a licensed hackney carriage and private hire driver with the authority.

Mr T M L was apologetic for his behaviour and realised the seriousness of his actions on his livelihood and public safety.

A copy of the guidance on the Relevance of Convictions was available for Members information at the meeting.

Member were reminded that under the provisions of Section 61 (1)(a) of the Local Government (Miscellaneous Provisions) Act 1976 the Council may suspend or revoke or refuse to renew the licence of a hackney carriage and/or private hire driver on any of the following grounds:-

(a) that he has since the grant of the Licence:-

(i) been convicted of an offence involving dishonesty, indecency or Violence; or

(ii) been convicted of an offence under or fails to comply the provisions of the
Act of 1847 or of this part of this Act; or

(b) any other reasonable cause.

and Section 61(2)

(A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section

(B) If it appears in the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2) (a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.

Mr T M L and his representative (Mr Wilson AtoZ Licensing) were in attendance at the meeting and were given the opportunity to state their case.

Members had regard for the report, a copy of which had been given to Mr T M L prior to the meeting. Members also listened carefully to what Mr T M L and his representative had to say with regard to the matters disclosed.

Members were of the view that driving while using a handheld mobile phone was extremely dangerous and they took a dim view of such behaviour. It was noted that Mr T M L advised Members that he now used a hands free bluetooth device.

Members deliberated over their decision as to whether they were satisfied at this time that Mr T M L was still a fit and proper person to hold a licence. Members considered Mr T M L's driving history and were of the view that this left a lot to be desired. Over the last few years Mr T M L had regularly accumulated penalty points and at the present time had 10 live points on his licence.

Holding a combined hackney carriage and private hire licence was a position of trust and holders of such licences were expected to demonstrate a high standard of driving and behave civil and orderly at all times. Members were extremely concerned regarding Mr T M L's history of motoring convictions and advised him that it was a borderline case whether his licence should be revoked. However it was noted that 4 of Mr T M L's points would be removed from his licence in January 2012.

Members agreed on this occasion to allow Mr T M L to keep his licence but to issue Mr T M L with a warning and subject to Mr T M L attending the driver improvement course, at his own expense. If Mr T M L did not complete the course as matter of priority then he would be brought back before the Committee.
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Consideration was given to a report on a Private Hire Driver who had received notification of a Road Traffic Offence. The driver had previously undertaken the National Driver Improvement Scheme.

Mr C S N was a licensed Private Hire Driver since July 2007. His license would expire on 31 July 2012.

At the recent renewal of the licence it was noted that he had acquired 3 Penalty Points on his DVLA licence dated 7 January 2011, this was for a Traffic Signal offence. This conviction was not notified within seven days as specified by conditions on his licence and this took the live points total to nine for the second time. A copy of the DVLA licence was attached to the report.

Mr C S N stated that he did declare the conviction in writing which he alleged he submitted to the Office by letter within the seven days in compliance with his licence condition. There was no record of the notification being received and recorded in the departments post book.

Mr C S N had previously accrued 9 live points in May of 2010, he was written to at that time and agreed to undertake the National Driver Improvement Course ran by the Council's Road Safety Unit. A copy of the letter sent was attached to the report. He undertook and completed the course on the 9 June 2010.

Mr C S N had again reached 9 live points on his DVLA licence, two for use of mobile phone whilst driving and the latest one for the traffic signal offence. Which only came to light at renewal time when it was declared on his renewal application a copy was attached to the report.

As Mr C S N had previously undertaken the course a little over twelve months ago.

Mr C S N and his father Mr N were in attendance at the meeting and were given the opportunity to state their case.

Members felt that Mr C S N should be issued with the letter as a serious warning as to his future conduct in relation to his driving conduct. It was noted that Mr C S N had 9 live points on his DVLA driving licence. Members also made the decision that he should attend the Driver Improvement Course at his earliest opportunity. Which may be of benefit to Mr C S N in reducing the risk of him attaining any further points on his licence through education and awareness.

Failure to attend the course would result in Mr C S N attendance back in front of the Committee.

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