The Assistant Director of Development and Planning Services submitted an exempt report in connection with a review of a Private Hire Vehicle Driver Licence, Ref: 82/13, where circumstances had arisen which required special consideration by the Committee.
The Chair introduced those present and outlined the procedure to be followed. The driver, who was in attendance at the meeting, verified his name and current address and confirmed that he had received a copy of the report.
The Senior Licensing Officer presented the report setting out the details of the offences detailed at 1) to 2) in the submitted report and a complaint received from a cyclist with regard to the standard of the applicant's driving.
The driver had initially been interviewed by the Senior Licensing Officer in relation to the offences on 22 May 2013 at which time he had advised that he was in the process of appealing against the offences detailed at 2) in the report as he stated that the offences were incorrect. The driver had advised that he had made a Statutory Declaration in relation to the offences and was awaiting the return of his DVLA driving licence.
The driver had advised the Senior Licensing Officer that he expected to have the offences detailed at 2) in the report, removed from his licence and under the circumstances, the Senior Licensing officer had delayed the interview with the driver until the issues with the DVLA had been resolved.
The Senior Licensing Officer had written to the driver on 24 July 2013 requesting an update with regard to the proposed removal from his DVLA licence of the offences detailed at 2) in the report. The driver did not respond to the Senior Licensing Officer's request.
On 11 August 2013, a complaint with regard to the applicant's standard of driving was received and a Licensing Enforcement Officer invited the driver for an interview in relation to the complaint on 3 September 2013. The driver attended that interview.
The driver was invited for interview by the Senior Licensing Officer in relation to the review of his licence on 17 September 2013, 3 October 2013 and 2 December 2013 and the driver had failed to attend on each occasion and he did not make any contact with the Licensing Section. The letter sent to the applicant on 2 December advised the applicant that should he fail to attend for interview on that occasion, the matter would be referred to the Licensing Committee on 23 December 2013. The applicant subsequently contacted the Licensing Section and requested that the Senior Licensing Officer contact him. Further attempts were made to contact the driver and another invitation for interview was sent to him however he failed to attend the appointment.
The driver confirmed that the report was an accurate representation of the facts and was invited to address the Committee in support of his case. The driver spoke in support of his case and responded to questions from Members of the Committee and the Council's Legal Officer.
The driver confirmed that he was still waiting to hear if the eight points had been removed from his licence. He advised that he had made the Statutory Declaration as he had never driven without insurance. He stated that he was going to be retryed for the offence detailed at 2) in the report as he had never received the court summons. He advised that he had misplaced his current licence and he had written to the DVLA to request a replacement. The Senior Licensing Officer advised Members that the Licensing Section had taken a photocopy of the driver's licence on 1 May 2013 and at that time the driver had eleven points on his licence.
It was confirmed that there were no further questions and the driver and officers of the Council, other than representatives of the Council's Legal Services and Members' Office, withdrew whilst the Committee determined the application.
Subsequently, all interested parties returned and the Chair announced the Committee's decision.
ORDERED that consideration of the review of a Private Hire Vehicle Driver Licence, Ref: 82/13 be deferred to the Licensing Committee scheduled for 27 January 2014 to enable the driver to obtain further information from the courts with regard to his application for an appeal with regard to the offences detailed at 2) in the submitted report. The applicant was also advised that he should produce his current DVLA driving licence at the Committee on 27 January.
The driver was advised that if he did not obtain any further information, the Committee would consider his case based on the information currently contained within the report.