Agenda item

Mr Laurentiu-Gabriel Raducu

The Licensing Officer introduced the report, he explained that Mr Laurentiu-Gabriel Raducu had applied for a Private Hire driver’s licence, however, he had penalty points on his DVLA driver’s licence which he had declared on his application form. He advised that the application had come before the committee as the licencing policy states a new driver’s licence will not be granted unless the applicant held a full UK driving licence for a minimum of 12 months prior to the application being made and must be free of convictions and endorsements for at least one year. He advised that the offence was considered a minor traffic offence as Mr Raducu had received 3 penalty points and the details of the offence were contained in the enclosed background papers.  He confirmed that Mr Raducu had completed all other required tests and assessments to obtain a Private Hire driver’s licence.

The following responses were offered to Members questions:

·           Mr Raducu had held a UK drivers licence since 2016 but had 12 years driving experience;

·           The Licensing Officer confirmed that they were reviewing the licensing policy and the relevance of convictions would be picked up as part of this review;

·           The Legal Officer confirmed that the committee must determine each case on its own merits and could deviate from the policy if it had good reasons for doing so.

Mr Raducu explained that when he had applied for his private hire driver’s licence he was under the impression that he must have no more than 6 penalty points and so he could still apply for a licence despite the fact he had 3 penalty points. The Licensing Officer explained that it was still possible to make an application with penalty points, however, if officers have concerns the applicant will be brought before the licensing committee.

Mr Raducu was invited to speak in support of his application, he explained that:

·           He had already been working as a taxi driver and had a Tewkesbury plate licence, he had also been working at a driving school;

·           He had applied for a licence in Cheltenham as this is where he lived and it would be more convenient for him to work here also;

·           The occasion when he had received the 3 penalty points was when he was driving on the A40 in Oxford, it was 11pm at night and there were very few other users on the road. It was a 30mph zone and he believed he was doing around 46-47mph. He explained that the speed limit had suddenly dropped from 50mph to 30mph and he had not reduced his speed in time;

·           He had incurred no further penalty points since this incident;

·           He had requested to attend the speed awareness course when he had received the form but had not been given the option to and subsequently had to pay a £100 fine and take the 3 points. The Legal Officer advised that drivers are only given the option to do the speed awareness course if they are 10% over the speed limit if it is in excess of this they must take the points;

·           He had held a licence with Tewkesbury Borough Council since August 2017 and he confirmed he had declared the points to Tewkesbury.

The application was then open to debate by Members. They noted the following:

·           One Member believed this to be a one off event and considered Mr Raducu a safe driver. They felt that he had learnt his lesson.

·           Other Members agreed that it was an easy mistake to make when the speed limit suddenly drops. They felt it would be harsh to deny Mr Raducu his licence based on a minor traffic offence and the fact he had no previous offences and had been truthful on his application form.

Members proceeded to vote on section 1.4.1 of the report to Grant Mr Raducu a Private Hire driver’s licence because the committee considers him to be a fit and proper person to hold such a licence

Upon a vote it was unanimously for.

RESOLVED THAT

Mr Raducu be granted a Private Hire driver’s licence because the committee considers him to be a fit and proper person to hold such a licence.