Agenda item

The Head of Public Protection introduced the report.  He explained that the reason that it was at committee was due to the fact that the applicant had 2 motoring convictions, one being in the last 12 months and the Applicant  didn’t want to incur the expense of paying for  the necessary tests if he was not going to be granted a licence

The following responses were given in response to Member questions:

-       There was confirmation that the assessment that the applicant would take was just the standard assessment.

-       The  information that  the DVLA holds on the applicant has been disclosed.

-       There was also confirmation that you can only do 1 speed awareness course in a three year period.

The applicant was then asked to address the committee and he made the following points:

-       He is currently a private hire driver with Tewkesbury Borough Council.

-       He alleged that there are drivers that are favourites in the private hire offices so therefore the jobs aren’t distributed fairly.  He felt that working on the rank would be fairer.  He applied for a Hackney licence to give him the potential to earn more money and be free to work independently.

-       He explained that the first set of points was awarded when he was an Amazon delivery driver, he stated that although the shift should have been 8 or 9 hours they ended up being 12-14.  The day he was awarded his points he was tired having worked such a long day and it was dark and he was a few miles over the limit.  He hadn’t seen the camera and paid the fine and took the three points.

-       The second penalty was in January 2022 when the applicant was working as a delivery diver for a car parts company.  He had to get home quickly due to a personal reason and he went to overtake two bikes that were in front of him going up a hill, he had to put his foot on the gas to pass them.  He was not aware of the speed limit and was trying to overtake to get to a roundabout quickly.  He has not received any other penalties.

The Members then had the opportunity to ask the applicant questions and the responses were:

-       He applied for a private hire licence in Tewkesbury as he did not have the funds to purchase a new car as per CBC policy.

-       He had been granted a licence in Tewkesbury in December 2021 but did not receive it until January 2022.

-       He stated that although there is reference to the applicant writing a letter he has not done so.

-       He confirmed that neither offence occurred when he was driving a taxi, it was whilst driving goods vehicles.

-       One offence was for driving 37mph in a 30mph limit and the other was for going more than 45 mph but less than 50 mph.

-       He stated that he is aware that he is responsible for the safety of his passengers and understood and accepted the risk.

-       The applicant had made TBC aware of the points that he had been awarded.

-       He understood that he would have to take a test.

The matter then went to Member debate where the following points were made:

-       It is not for the committee to punish the applicant but to decide that they are fit and proper and safe to drive the public.   The applicant was caught speeding, something that can easily happen and could happen to anybody.

-       One Member stated that as the applicant still had to complete tests and had taken the time and trouble to attend the committee that some consideration can be given in mitigating circumstances i.e. dark or under pressure to make deliveries quickly.

-       The point was made that as the applicant was driving in Tewkesbury there is no reason why he couldn’t already be driving in Cheltenham.

-       It was acknowledged that the applicant had been open with officers, he has declared the points to TBC and been open with the committee.  TBC have concluded that he is fit and proper.  Stated that there are reasons to vary the policy in the current circumstances. 

-       One Member stated that as it seems that the offences were committed due to the pressure of time commitments and if the applicant is working with in his own parameters this should not be an issue.

-       There was confirmation that the driving tests are still to be done.

The Head of Public Protection stated that in the Licensing Policy at appendix N there are provisions relating to recommended hours of working and that the committee may wish to remind the applicant of these working practices.

The applicant was than given the final right to reply where he stated that this job will be paying his bills and he doesn’t speed intentionally.  He understands the responsibility of the job and does not want to put anyone’s life at risk.

The matter then went to the vote

1.4.1 to grant the licence:

For :    5

Against: 0

The licence was granted with confirmation that the officer will send details regarding working times and ensure that the tests are completed.