Agenda item

The Licensing Officer introduced the report as published.

Members asked the officer questions, the responses are as follows:

-       There were two distinct incidents of noncompliance in the same day, therefore two strikes would be issued separately.

-       It is made clear to drivers that they have to declare convictions and they have to sign to say they have read the policy, which is where this information is.

The response to the driver question to the officer was that the two incidents that were on the same day were on the 21^st October 2025, one was being parked on a taxi rank and the other being that the vehicle had no top light.

The driver addressed the committee and stated that he was sorry and the he hadn’t had to attend a committee before.

His responses to Member questions were as follows:

-       He had dropped his passengers on the road and was not displaying his top light as was doing a job for Uber at the time.

-       He was driving on the motorway and took the light off before he started driving on the motorway.

-       He stated that he came on the motorway from Bristol and when he was near Junction 12 he saw a job from Uber and collected the passengers  without stopping to put the top light back on the vehicle..

-       The right side of the road that he was seen on is the rank and on the other side of the road is closed, which is why he used the rank.

-       He explained that he knew that he wasn’t allowed to park in the rank.

-       He stated that when he got the points on his licence on 26^th September 2024 (which were for speeding on the motorway) he asked his son to contact the Council and he didn’t, he was aware that this was a problem and he did declare them 18 months later when he reapplied.

The licensing officer at this point explained to the committee that although the driver did ask for an interpreter it is not something that the Council would provide and order for a driver deemed to be fit and proper there is an English proficiency test so it is assumed the driver would have basic knowledge to be able to understand but there is nothing to stop him bringing someone to the committee to help him with the proceedings.

-       He didn’t bring anyone with him to the committee to act as an interpreter as he was too ashamed, his daughter could not attend due to fasting  and his son could not attend, he has tried to sort it out himself.

The licensing officer explained that a vehicle once it is licensed should always have the top light and plate on and should always be compliant.

-       He explained that he thought that his son had sent an email explaining about the points as he had asked him to, this was not the case and as he thought that his son had done it for him he didn’t need to do it himself.

The Licensing officer explained to the committee that they do not have to be informed of any incidents electronically, a person can come into the offices to complete the relevant paperwork, so lack of access to email should not be a problem.

The driver was then given the final right to reply where he stated the following:

-       He asked that the committee would be lenient as this is the first time he has had to appear at a committee.

-       He apologised and stated that he would be more careful in the future.

-       He is trying his best and his only income is as a taxi driver, he is 54 and has not done any other job.

The committee adjourned to make their decision.

The committee returned and the Chair gave the decision as follows:

The committee stated that the starting point for a matter like this is a written warning and a requirement for the driver to undertake a driver  interview to go through the reasoning with him and explain what is expected of him going forward as a private hire driver.

The committee stated that this decision was a proportionate one given the circumstances.  The driver has done wrong, he will be given a warning and the committee deemed the further interview would be the correct action to make him more fit and proper.

The committee agreed that it was happy to renew his private hire driver licence due to expire tomorrow.

 The committee advised him to bring someone with him to the interview to help  him interpret at the interview

The fact that he failed to display his top light, stopped on rank and failed to declare, are all things he should have known.

The point was made to the driver that it is more embarrassing for the driver to lose his licence than have someone with him at interview who could assist him.

The committee reminded the driver that after the interview if he comes before the committee again it is likely to be a more serious outcome but the committee is not fettering its discretion.