Purpose

Application considered:

Representations heard from:

·         The applicant.

We have found the following facts:

·         The applicant has received a total of nine (9) penalty points on his driving licence.

·         The applicant has received a warning letter from South Cambridgeshire District Council prior to the most recent endorsement.

·         The applicant failed to disclose, at various times, that he had received endorsements on his driving licence to another authority.

Law and guidance considered:

·         Legislation and policy referred to in the report

·         Fenland District Council – Taxi Licensing Policy

·         Any statutory guidance

·         Conditions of Licensing

Legal advice provided:

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

• That the objective of taxi and provide hire vehicle licensing is the protection of the public.

• That each application must be considered on its own merits.

• That the appropriate test as to whether to grant or refuse a licence is whether a person is fit and proper.

• That one authority’s assessment of a person being fit and proper does not necessarily preclude a different finding by this committee.

Matters found to be irrelevant in this case:

None.

Decision

Our decision is as follows:

The Sub-Committee, having considered all the paperwork, guidance, legal advice, and relevant evidence placed before it, determined that the applicant is not a fit and proper person to hold a licence issued by Fenland District Council and therefore refused his application for a Private Hire Vehicle Driver’s Licence.

Our reasons for reaching the decision are:

The Sub-Committee were naturally concerned that the applicant had accumulated a total of 9 penalty points on his licence in a short period of time.

The applicant explained that he had previously received penalty points, but these had fallen away.

The applicant admitted that he has, on several occasions, failed to notify another authority of the imposition of penalty points on his licence therefore breaching the requirements of that licence. Whilst the Sub-Committee sympathised with the applicant’s circumstances at the time, the Sub-Committee could not be sure that the applicant would not continue to fail to disclose matters if granted permission by this authority.

The Sub-Committee were mindful of their own policy in respect of penalty points and that although a licence can be granted where penalty points exist, it is not a given that a licence will be and that the Sub-Committee’s discretion is engaged. In this instance, and having heard from the applicant, the Sub-Committee determined that he was not fit and proper to hold a licence from this council.

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