Agenda item

Mr Mozir Choudhury – HCD404

The Licensing Officer, Phil Cooper, introduced the report concerning the review of Mr Mozir Choudhury’s Hackney Carriage Driver’s Licence. Mr Choudhury had held a Hackney Carriage Driver’s Licence with Cheltenham Borough Council since 2008, but in October 2014 he had been convicted of a driving offence, details of which were included in the background papers. The Officer informed members that Mr Choudhury had 5 penalty points imposed on his DVLA driving licence, but had no other current endorsements.

The Officer advised that members needed to ensure that Mr Choudhury remained a fit and proper person to hold such a licence and pointed out that members had the option of adding a requirement that Mr Choudhury complete the approved road safety driving test within 3 months of the decision date if they allowed Mr Choudhury’s licence to continue.  If the committee revoked the licence, the Officer advised the Committee that they should also consider whether the revocation should have immediate effect in the interests of public safety.

Mr Choudhury attended the meeting and spoke in support of his review.  He explained what happened on the day of the incident and how on turning right a motorcyclist travelling at speed hit the back of his vehicle. 

A member queried why Mr Choudhury’s Solicitor advised him to plead guilty if his car was stationary and the Legal Officer, Vikki Fennell, advised that she was unsure why he was accordingly advised.

In response to questions from members, Mr Choudhury advised that:

·         The incident had taken place in daylight at 3.15pm

·         Only the back wheel was on the highway and that he was stationary in the entrance to Bookers as two other cars were coming out towards him.

·         When he turned right, the motorcyclist was not there.

·         He estimated the motorcyclist was travelling at 10-15 mph

Members were divided on their opinion of the facts, one questioning that if his account was accurate, he should not have been convicted and another suggesting that he was nonetheless impeding the main highway and had not completed the manoeuvre in a safe manner and thus his conviction for driving without due car and attention seemed reasonable.

The Chair halted any further speculation on the incident as members were there to discuss his licence not the conviction.  Having pleaded guilty to the offence and been convicted of it, it was not for the Committee to consider his guilt.

A member moved to add the condition of attending the driving assessment course to the recommendation which was seconded, and also moved to vote on the refusal first.

Upon a vote to revoke the licence, it was 2 for and 8 against.

Upon a vote to add the amendment of the condition to attend the road safety test to the substantive to continue to allow Mr Choudhury to keep his licence, it was unanimous.

Upon a vote on the substantive plus the added condition, it was 9 for and 1 against.

Resolved, that Mr Choudhury be permitted to continue to hold a Hackney carriage driver’s licence as the Committee considered him to be a fit and proper person and that Mr Choudhury attend the approved road safety driving test within 3 months.

Councillor Flynn left the meeting.