Purpose

Application considered:

The Sub-Committee considered an application for review of a Hackney Carriage Driver’s Licence issued by Fenland District Council.

The Sub-Committee heard from:

·         The applicant in relation to the allegation.

The Sub-Committee determined the following facts;

·         That the video footage alleging that the applicant was using their mobile telephone was inconclusive.

Law and Guidance considered:

The Sub-Committee, in reaching their determination, considered:

·         All relevant legislation

·         Fenland District Council’s policies in respect of Taxi and Private Hire Vehicle Licences

·         Statutory Guidance

The Sub-Committee also had regard to non-statutory guidance on suitability issued by the Institute of Licensing. 

Legal advice provided:

The Sub-Committee were provided with the following legal advice:

·         In respect of taxi and private hire vehicle licensing, the safety of the public is the key consideration.

·         That each application should be considered on its own merits.

·         That, other than in exceptional cases, the personal circumstances of the driver are not relevant.

·         That the correct test to be applied in making its determination in respect of the application is whether the driver remains a fit and proper person.

Matters found to be irrelevant in this case:

The Sub-Committee did not find any matters to be irrelevant.

Decision

The Sub-Committee determined to take no action in respect of the applicant’s Hackney Carriage Driver’s Licence, but to remind the applicant that it is important that mobile telephones are never used whilst conveying passengers and that this Sub-Committee take such matters seriously where there is good evidence such has taken place.

Our reason for reaching the decision is:

In determining to take no action, the Sub-Committee’s reasons were:

That the footage provided did not prove, even on the balance of probabilities, that the applicant was using a mobile telephone whilst driving.

PLEASE NOTE

You have a right of appeal to the Magistrates Court against this determination. You MUST lodge any appeal to Peterborough Magistrates Court within 21 days of receipt of this notice.

The court details are:

Peterborough Magistrates Court,

Bridge Street,

Peterborough,

PE1 1ED.

Tel 0845 3100575

It is suggested that you take independent legal advice in respect of your right of appeal.