Agenda item

Mr Benit Harish Santilal – HCD821

The Senior Licensing Officer, Andy Fox, introduced the report concerning the renewal of Mr Benit Harish Santilal’s Hackney Carriage driver’s licence which was due for renewal on 26 March 2015.  He informed Members that Mr Santilal had convictions on his DVLA driving licence.

The Officer informed Members that since Mr Santilal was granted his licence in 2006, no complaints regarding his driving ability had been received.  Mr Santilal reported his offence to the Licensing section and on being interviewed, he explained that he had gone to London in his sister’s car and that as she was tired he had driven as he thought he was insured to do so.  The Officer confirmed that the vehicle he was driving was not a licensed vehicle.

Mr Santilal attended the meeting and spoke in support of his review.  He informed Members that he thought his own insurance covered him third party to drive his sister’s car and hence he drove.

In response to a question from a Member, Mr Santilal confirmed that his own insurance was fully comprehensive and that he had never been uninsured.

Members questioned the Officer about why the police would discover he was uninsured if the above statement from Mr Santilal was true.  The Officer replied that the correct paperwork and valid insurance certificate, albeit a temporary cover note for the period 4 December 2013 to 3 January 2014, had been produced when he had applied for a licence renewal.  Mr Santilal confirmed to Members that he was insured from 3 January 2014 onwards and at the date of the offence of 8 July. 

It was suggested by the Officer that Mr Santilal should ring his insurance company to confirm if he was fully comprehensively insured from 3 January 2014 and thus covered to drive third party and to ask the insurance company to send an email with a copy of the certificate. 

Members remained in the Chamber whilst the Licensing Officer accompanied Mr Santilal to make the phone call.

On returning to the Chamber, the Officer reported that he had spoken with Mr Santilal’s insurance company and had been informed that it was at the discretion of individual insurance company’s policies as to whether someone was covered to drive another car on their own insurance.  He could, however, confirm that Mr Santilal had been insured for the period of his licence, but that he was not insured third party to drive other cars.  Mr Santilal’s conviction was therefore correct, but he himself was unaware of the variances of insurance companies.

One Member felt that many people would be unaware of this variance and think they were covered for third party insurance on other cars.

Members were advised that they had the following recommendations to determine:

1.    Mr Santilal’s Hackney Carriage driver’s licence becontinued with no further action, because the Committee was satisfied that Mr Santilal was a fit and proper person to hold such a licence; or

2.    Mr Santilal’s Hackney Carriage driver’s licence be revoked as the Committee considered Mr Santilal not to be a fit and proper person to hold a Hackney Carriage driver’s licence. 

Members were advised that if they allowed Mr Santilal’s licence to continue, they had the option of adding a requirement that Mr Santilal must successfully pass the approved road safety driving assessment test within a period of 3 months from the date of the Committee’s decision.

Upon a vote it was (6 for, 1 against)

RESOLVED, that Mr Santilal’s Hackney Carriage driver’s licence becontinued with no further action, because the Committee was satisfied that Mr Santilal was a fit and proper person to hold such a licence and that Mr Santilal did not need to attend the driving assessment test.

At the conclusion of this item, Members raised some issues with regard to the driver assessment course and routine vehicle checks.  One Member felt that there should be stricter rules on tyres, speeding and insurance cover and that if a driver applied for a licence with a temporary insurance cover note then a follow up should be made to ensure permanent insurance cover was in place. Similarly it was felt that driver assessment examiners should be aware of the reason for the test, so that particular observance could be placed on that particular issue, be it speeding or the condition of the vehicle and that feedback be given. The Officer informed Members that this was being reviewed at the moment with the Driving Standards Agency.