Agenda item

Renewal of a Hackney Carriage Licence – Robert Hawkes

The Chair explained the process to the applicant.

The Licensing Team Leader then presented the report as published in the agenda, explained the options that were laid out in the report and drew member attention to the extract from the policy regarding notifying the Council of any points that are awarded.

The Chair then asked if Members had any questions for the Licensing team leader, they were as follows:

-       How long has the applicant had a licence and has there been any record of any other incidents logged against Mr Hawkes.

-       Were the points declared on the renewal from.

The responses were as follows:

-       The applicant has been a driver since June 2017 and has no other incidents logged. 

-       The points were declared on the renewal form.

Mr Hawkes was then asked if he had any questions for the licensing team leader, he didn’t but wanted to say that he forgot to notify the Council about the points when they were awarded.

Mr Hawkes then spoke and put his case.  He explained that he completely forgot that he had to declare points.

Members asked the following questions:

-       By how much were you exceeding the speed limit?

-       Do you receive communications and reminders from the licensing department regarding notifying the authority if you receive points on  your licence.

-       It is concerning that you weren’t aware of the speed limit and the frequency that these events happened.  What steps are you going to take to avoid future breaches?  Would you consider a speed awareness course?

-       Have you had the opportunity to do a speed awareness course previously?

-       Is there cruise control or a speed limiter in your vehicle?

Mr Hawkes’ responses were as follows:

-       The speed limit was exceeded by just over a few miles over the hour on each occasion.

-       As far as he remembers no reminders are received, he stated that he tries to be honest.

-       Would be more than happy to go on a speed awareness course will do anything that means he wouldn’t have to go to committee again.  He has realised how important his licence is to him. 

-       He confirmed that he did take a police speed awareness course approximately 10 years ago.

-       He confirmed that he does have cruise control on his vehicle.

The matter then went to Member debate:

-       The committee is not there to punish it is there to decide that the applicant is a fit an proper person.  One more speeding fine and the matter will be taken out of the committees hands and he will lose his licence anyway.

-       The applicant seems contrite for his 3 regrettable mistakes no reason not to renew.

-       As the applicant was using a dual use vehicle with no passengers happy to confirm fit and proper with a possible written warning.

-       A point for licensing could we maybe communicate with drivers maybe once a year to remind them that they have to declare any points that they are awarded. The Chair confirmed that the matter is published in the Trade Times, but is minded that this could be a suggestion at the next licensing committee.

-       Revocation seems disproportionate, could committee condition that the applicant goes on a speed awareness course.  Licensing team leader confirmed that the committee can act as it sees fit, can grant subject to an assessment within a certain time frame, if the applicant doesn’t complete the course can bring him back to the committee.  Licensing team leader also confirmed that there are places in the South West where you can book onto a driver assessment.

-       The Chair asked which Members would prefer a written warning or a written warning and a speed awareness course.  The driving assessment was proposed and seconded.

The Legal Officer then went to the vote:

1.4.1 – grant the application with no further action

For:      1

Against: 4

REJECTED

1.4.2a – grant the application with the understanding that Mr Hawkes undertakes a driving assessment at his own expense.

For: 5

GRANTED – see below

“Grant Mr Hawkes hackney carriage drivers licence for a further 3 year period, if the committee is satisfied that he is a fit and proper person but that he successfully, and at his own expense undertakes a speed awareness course within 3 months of the committee resolution date”

The Chair then thanked Mr Hawkes for attending the meeting and confirmed that the licensing department would be in touch in within a few days.  Mr Hawkes then left the meeting.