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Licensing Sub-Committee - Tuesday 3rd December 2024 10.00 am

December 3, 2024 View on council website

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“Was the private hire driver's appeal considered?”

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Summary

This meeting was scheduled to include a discussion about whether two drivers are suitable to hold licences. One of the drivers already holds a private hire licence, and the other is applying for a Hackney carriage licence.

The sub-committee was also scheduled to appoint a chair for the meeting.

Private Hire Driver Licence

The sub-committee was scheduled to discuss whether a private hire driver should be allowed to keep their licence. The report that was provided to the committee members says that the driver was convicted of driving a motor vehicle with an alcohol level above the limit at Plymouth Magistrates' Court on 21 June 2024. The driver received a driving ban of 40 months and a fine of £120. The report says that the driver is appealing against the driving ban.

The Committee will need to consider the conviction and whether the incident calls into question the driver's fitness and propriety to continue to hold a private hire driver's licence.

The report also says:

When considering the matter the Committee must have regard to the fact that the driver has not had an opportunity to appeal the conviction.

The Licensing Sub-Committee was asked to consider the report and decide whether the driver should be allowed to keep their licence.

Hackney Carriage Driver Licence Application

The sub-committee was scheduled to discuss the application of a new driver for a Hackney carriage licence. The report that was provided to the committee members says that the driver was convicted at Exeter Crown Court on 18 September 2018 of Possession of a Class A drug with intent to supply .

Following a trial in the Crown Court at Exeter on 18 September 2018, the applicant was convicted of Possession of a Class A drug with intent to supply.

The driver was sentenced to 30 months imprisonment and ordered to forfeit £480 and pay a surcharge of £170.

The report to the committee says that the driver:

...has provided a letter of explanation to the Committee. The applicant has also undertaken training to assist them in being a fit and proper person.

In the report, the Council's solicitor says:

...in order to refuse an application for a hackney carriage/private hire driver's licence, the licensing authority has to be satisfied that the applicant is not a fit and proper person to hold such a licence. This is a matter for the Committee to determine taking into consideration all of the evidence and information placed before it, including any mitigation provided by or on behalf of the applicant. There is no statutory guidance in relation to convictions that should automatically prevent an applicant from being granted such a licence and each case must be determined on its own facts.

The Licensing Sub-Committee was asked to consider the report and decide whether the driver should be given a licence.

Attendees

Profile image for CouncillorMartyn Snow
Councillor Martyn Snow Labour and Cooperative Party • Pennsylvania
Profile image for CouncillorJames Banyard
Councillor James Banyard Green Party • St David's
Profile image for CouncillorCarol Bennett
Councillor Carol Bennett Green Party • Heavitree

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet 03rd-Dec-2024 10.00 Licensing Sub-Committee

Reports Pack

Public reports pack 03rd-Dec-2024 10.00 Licensing Sub-Committee