Agenda item

Mr Carr

Louis Krog, Licensing and Business Support Team Leader introduced the report as circulated with the agenda.  An application had been received from Mr John Carr for a Private Hire driver’s licence.

Mr Carr previously held a Private Hire driver’s licence with Cheltenham Borough Council.  This licence was revoked by the Licensing Committee on 26 July 2013.

The attached background papers detailed Mr Carr’s convictions.

The Officer advised Members that Appendix A of the report provided a copy of Mr Carr’s initial interview notes from the 5 July 2013.  Point 5.3 of the report detailed subsequent interviews and stated that Mr Carr notified the Council on 26 February 2014 that he had received further penalty points.

The Officer referred Members to point 5.5 of the report which advised Members to note from the number of penalty points Mr Carr received for his offences they should be treated as minor traffic offences.  Paragraph 3.10 of the report provided further detail of this.

Members asked the following questions of the Officer and in responding;

• Confirmed that the Police are not consulted about Private Hire driver applications and each application must be determined on its own merits using the Councils policy.  Mr Carr’s previous three penalty points were dealt with at the Licensing Committee on 26 July 2013. 
• Advised Members that this application is for a new Private Hire driver’s licence and confirmed that Mr Carr has six penalty points on his DVLA driver’s licence.
• Stated that the date on page 23 of the papers should read 5 July 2013.
• Referred Members to point 3.9 of the report which detailed the policy considerations for minor traffic offences.  Mr Carr’s penalty point offences are classed as minor offences.  Point 3.10 of the report explained that an application will normally be refused if the applicant has more than one conviction for this type of offence within the last 6 months.

The Officer referred Members to the character reference from Mr Gordon Milne of A2B which had been provided as additional papers to the Committee.  A copy of the character reference is attached as a supplement to this agenda item.

Mr Carr attended the meeting and made the following points in support of his application;

• Confirmed he had first been licensed as a Private Hire driver in June 2013.
• Had reflected on his previous decision to use part worn tyres on his vehicle and realised this was a bad misjudgement and would not buy them again.
• Has a reminder note in his vehicle to check his tyres regularly to make sure this never happens again.  He was ashamed about the condition of his previous tyres.
• The Chairman asked Mr Carr to explain about the subsequent driving offence.
• Said he thought he had cleared the pedestrian zebra crossing when stopping           to deliver a pizza to a student from Cheltenham College.  It was dark and raining so it was difficult to see where the end of the crossing was.

Members asked the following question of Mr Carr and in responding:

• Confirmed that Mr Gordon Milne from A2B had offered him a job if his licence was granted today.  Any conditions requested of him would be adhered too and Mr Milne had agreed to check his vehicle every week.
• Stated there was not anyone else around when he delivered the pizza.
• Said he drives 25,000 miles a year and had learned a severe lesson about using part worn tyres.
  • A Member felt Mr Carr should not be cross examined about his previous driving offence.
  • The Chairman advised the Committee that this offence had been dealt with and Members must determine this new application today.

In summing up Mr Carr said he had put the tyre offence behind him and did not want any more penalty points on his DVLA driver’s licence.

Members were advised they had the following recommendations to determine;

1.                  Mr Carr’s application for a Private Hire driver’s licence be granted because the Committee are satisfied that he is a fit and proper person to hold such a licence.

2.                  Mr Carr’s application for a Private Hire driver’s licence be refused as the Committee considers him not to be a fit and proper person to hold such a licence.

Upon a vote it was (4 for, 4 against and 1 abstention)

RESOLVED using the Chairman’s casting vote; that Mr Carr’s application for a Private Hire driver’s licence be refused as the Committee considers him not to be a fit and proper person to hold such a licence.