Agenda item

Mr Stephen Owens

Amelia Byres, Senior Licensing Officer, introduced the report as circulated with the agenda.  Mr Stephen Owens held a private hire driver’s licence which was due for renewal on 1 December 2015.  Mr Owens had been subject to a vehicle inspection on 15 October 2013 by the enforcement officers from the Integrated Transport Unit, Gloucestershire County Council which oversaw all school transport providers across Gloucestershire.  On inspection, the Integrated Transport Unit had found that the near side front tyre was worn below the legal limit on the outer edge, exposing the chord.  The Transport Engineering Manager had contacted the Licensing Office and the Senior Licensing Officer had immediately suspended the vehicle and telephoned Mr Owens to advise him of this.  Mr Owens had replaced the tyre and had brought it back to the Licensing Officefor inspection.  At the time of the incident, the Integrated Transport Unit had advised that this was the second time that Mr Owen had been found driving with a bald tyre, however, the first occasion had been much less serious and the County Council had chosen not to inform the Borough Council on that basis.  The Committee was reminded that it must be satisfied that Mr Owens was a fit and proper person to continue to hold a private hire driver’s licence.

A Member raised concern that this was the second time that Mr Owens had been found with a bald tyre and he sought clarification as to why the first incident had not been reported.  The Senior Licensing Officer explained that the County Council had chosen not to inform the Borough Council on the basis that it was a minor issue.  There was very little action which could be taken by the Borough Council if they were not advised of such incidents.  The Member was of the view that the first incident should not be taken into account in the review of the licence given that the County Council had not considered it significant enough to report in the first place.  Another Member disagreed with this opinion and indicated that the Police, County Council and Borough Council regularly used their discretion regarding the seriousness of offences and it was down to the Committee to decide what weight it would give to this information when determining what action should be taken.

In response to a Member query as to whether the Committee was able to require Mr Owens to attend a driver assessment course, the Senior Licensing Officer explained that, whilst the Committee did have the option of requiring Mr Owens to attend a driver assessment course, this was focused on driving and did not cover vehicle maintenance.  In 2010, the Council’s Policy had introduced an NVQ which all drivers had to complete within the first year of becoming a licensed driver, however, there was no given course which included vehicle maintenance before a licence was granted.  Members agreed that the introduction of a course covering vehicle maintenance for new applicants should be considered as part of the Policy review in 2014.

Mr Owens explained that he normally bought quality tyres every few months, however, on this occasion he purchased part-worn tyres as a temporary measure until he got paid.  Unfortunately the tyres had not been very good and he had been surprised at how quickly they had worn out.  He indicated that he had been a taxi driver for 8 years and he had never done anything wrong before, he had a clean driving licence and he had never appeared before the Licensing Committee.  He was very sorry and he would not let this situation happen again.

Members were invited to ask questions of Mr Owens, during which the following points were raised:

·        When asked, Mr Owens confirmed that the part-worn tyres had only been fitted three weeks prior to the inspection by the Integrated Transport Unit.  He had bought the tyres from Get Grip Tyres in Cheltenham and, although they had looked fine when they had been fitted, they had obviously been very poor quality.  A Member raised concern that a similar incident involving another driver had come before the Committee within the last three months and he felt that it was necessary to ask Trading Standards to investigate the company, if the same one had been used on both occasions.

·        A Member suggested that there may have been a problem with the vehicle tracking, based on the photographs which had been provided with the papers, and he questioned whether this had been checked.  Mr Owens confirmed that this had been done when the new tyres had been fitted and, although it had been slightly out, it was not enough to have caused the tyres to have worn so significantly in such a short space of time.

·        Several Members expressed their disappointment that Mr Owens did not carry out a daily check on his vehicle and there was particular concern that he had chosen to use sub-standard tyres given that he was transporting children.  A Member questioned what action he had taken to ensure that his vehicle was roadworthy at all times and that passenger safety was not comprised.  Mr Owens explained that he now checks his tyres on a weekly basis and he confirmed that he has an arrangement in place with his operator who has agreed to bear the cost of any repairs to his vehicle so that he can get any problems resolved immediately. 

In summing up, Mr Owens explained that he had been fined £200 by the County Council and had also had to reimburse his operator for the cost of the new tyres so this had been a costly lesson for him.  He expressed his remorse and indicated that he had learnt from his mistakes.

Members had the following recommendations to vote on:

1.      that the private hire driver’s licence be continued with no further action because the Committee is satisfied that Mr Owens is a fit and proper person to hold such a licence; or[BA1] 

2.      that the private hire driver’s licence be revoked as the Committee considers Mr Owens is not a fit and proper person to hold such a licence because he failed to maintain his vehicle in a roadworthy condition.

Upon a vote it was (6 for, 2 against and 2 abstentions)

RESOLVED that the private hire driver’s licence be continued with no further action because the Committee is satisfied that Mr Owens is a fit and proper person to hold such a licence.