The Miscellaneous Licensing Committee of Cornwall Council met on Friday 10 January 2025 to consider a range of applications for Hackney Carriage and Private Hire Vehicle Driver's Licences. The committee granted licences to three applicants, refused licences to three others, and adjourned one application for further review.

Hackney Carriage and Private Hire Vehicle Driver's Licence Applications

The committee considered several applications for Hackney Carriage and Private Hire Vehicle Driver's Licences.

Application for Grant of Licence - E1D203 The committee granted the application for a Hackney Carriage and Private Hire Vehicle Driver's Licence to applicant E1D203. The decision was made because the committee considered E1D203 to be a fit and proper person to hold such a licence. The report noted a conviction from over 15 years ago, in 2009, and the HR Safeguarding Team Leader recommended suitability. E1D203 provided an explanation for the past conviction, which the committee accepted, leading them to depart from their usual policy on this occasion. The committee concluded that they would allow a person for whom they care to travel alone in a vehicle driven by E1D203.

Application for Renewal of Licence - CD272 The committee granted the renewal of the Hackney Carriage and Private Hire Vehicle Driver's Licence for applicant CD272. The decision was based on the committee's assessment that CD272 is a fit and proper person to hold the licence. While CD272 had nine points on their DVLA licence for minor traffic offences and had failed to notify the council of these endorsements, which is a condition of their licence, the committee accepted their explanation. CD272 has been licensed by the council since 2005 and had not previously been before the committee. The committee decided to depart from their policy, which typically requires five years to have elapsed since the completion of any sentence for applicants with seven or more points. The committee concluded that they would allow a person for whom they care to travel alone in a vehicle driven by CD272.

Application for Renewal of Licence - CD275 The committee refused the renewal of the Hackney Carriage and Private Hire Vehicle Driver's Licence for applicant CD275. The decision was made because the committee did not consider CD275 to be a fit and proper person to hold such a licence. The committee noted a warning letter received in April 2024 regarding allegations of driving an unlicensed vehicle, and a further complaint in August 2024 that CD275 was driving a licensed vehicle without the required driver's licence. Despite being informed by Licensing Compliance that this was not permitted, CD275 was later stopped by the police for driving without the necessary taxi driver's licence, believing they had a temporary badge, which the council does not issue. Additionally, CD275 had two speeding endorsements on their licence and failed to notify the council of these, contrary to licence conditions. The committee did not accept CD275's explanations and concluded that their behaviour was not that of a professional licensed driver. Consequently, the committee determined they would not allow a person for whom they care to travel alone in a vehicle driven by CD275.

Application for Grant of Licence - WD188 The committee granted the application for a Hackney Carriage and Private Hire Vehicle Driver's Licence to applicant WD188. The committee considered WD188 to be a fit and proper person to hold such a licence. While noting previous convictions, the most recent being from 2015, and a medical report indicating suitability for Group 2 medical standards, the committee expressed concern about an endorsement for using an uninsured vehicle, which resulted in six penalty points in January 2023. WD188 provided an explanation for this, which the committee found plausible and accepted. The committee also heard that WD188 had been offered a driving job and had moved to Cornwall to start a new life. On balance, the committee decided to depart from the council's policy and grant the licence. The committee concluded that they would allow a person for whom they care to travel alone in a vehicle driven by WD188.

Application for Grant of Licence - WD189 The committee refused the application for a Hackney Carriage and Private Hire Vehicle Driver's Licence for applicant WD189. The committee did not consider WD189 to be a fit and proper person to hold such a licence. While acknowledging WD189's explanation for previous convictions, the most recent from 2016, and noting that Safeguarding had raised no concerns, the committee was concerned by endorsements on the licence, including a 12-month driving disqualification in February 2021 and a further three points for speeding in November 2023. The council's policy states that licences will not be granted until at least five years have elapsed since the completion of any sentence imposed for applicants with seven or more points. The 12-month disqualification was still within this five-year period. The committee did not accept WD189's explanation and concluded that they would not allow a person for whom they care to travel alone in a vehicle driven by WD189.

Application for Grant of Licence - WD191 The committee refused the application for a Hackney Carriage and Private Hire Vehicle Driver's Licence for applicant WD191. The committee determined that WD191 was not a fit and proper person to hold such a licence. The committee noted endorsements on WD191's licence, including a six-month disqualification from driving in August 2023 and six points for failing to give the identity of a driver in February 2024. The council's policy states that licences will not be granted until at least five years have elapsed since the completion of any sentence imposed for applicants with seven or more points. The six-month disqualification was still within this five-year period, which would expire in February 2029. The committee felt that the additional points received after the disqualification were not indicative of a professional licensed driver. WD191's explanation was heard, but the committee concluded that they would not allow a person for whom they care to travel alone in a vehicle driven by WD191.

Application for Grant of Licence - CD274 This item was withdrawn from the agenda prior to the meeting.

Adjourned Applications

Review of Hackney Carriage & Private Hire Vehicle Driver’s Licence - WD192 The committee considered a report regarding a review of the Hackney Carriage and Private Hire Vehicle Driver’s Licence for WD192. The applicant was not in attendance and had requested an adjournment to obtain legal counsel. The committee resolved to adjourn the application to the Urgent Driver/Operator/Vehicle Sub-Committee Meeting on 16 January 2025.

Review of Hackney Carriage Vehicle Licences - WV166 Similarly, the committee considered a report concerning a review of Hackney Carriage Vehicle Licences for WV166. The applicant was not in attendance and had requested an adjournment to obtain legal counsel. The committee resolved to adjourn this item to the Urgent Driver/Operator/Vehicle Sub-Committee Meeting on 16 January 2025.

Licence Revocation

Review of Hackney Carriage & Private Hire Vehicle Driver’s Licence - CD276 The committee revoked the Hackney Carriage and Private Hire Vehicle Driver’s Licence for CD276 with immediate effect. This decision was made to promote public safety, as the committee did not consider CD276 to be a fit and proper person to hold such a licence. The committee reviewed information regarding CD276's inappropriate behaviour and conduct, including a video of an incident on 11 December 2024 involving a Council parking enforcement officer and a previous incident on 18 September 2024. The committee concluded that CD276's behaviour was not that of a professional licensed driver and that they would not allow a person for whom they care to travel alone in a vehicle driven by CD276.

The meeting also included the confirmation of minutes from previous meetings and standard procedures for emergency evacuations. The committee resolved to exclude the press and public from discussions involving information relating to individuals.