Agenda item

(Assistant Director Legal Services) To consider the attached report.

The Assistant Director Legal Services presented a report concerning the review of delegated authority for the granting of Hackney Carriage and Private Hire Driver’s Licences. The proposed delegation of authority would maintain the position whereby any applicants with relevant driving offences or convictions that were not spent would be referred to the Sub-Committee for a decision. Subject to the correction of some typographical errors and job titles, the Committee felt that the condition regarding disqualification from driving for referral to the Sub-Committee should be extended from five years to ten years.

RESOLVED:

That the delegated authority to grant and renew Hackney Carriage and Private Hire Drivers’ Licences be amended as follows:

“(1)      All applications for Hackney Carriage and Private Hire Vehicle Driver’s licences will be determined by the Director of Corporate Support Services, the Assistant Director Legal Services and the Senior Licensing Officer or suitably qualified officers authorised by them to exercise this function except in the following circumstances when the application will be referred to the Sub-Committee:

(a)        where there have been breaches of condition of a previous driver’s licence or related law in the preceding twelve months;

(b)        an applicant fails to comply with the Council’s licensing procedure or meet the experience or medical fitness requirements;

(c)        where in the opinion of the Council’s medical advisor (or doctor nominated by them), an applicant is not medically fit to hold a driver’s licence;

(d)        an applicant for a driver’s licence has any unspent criminal convictions;

(e)        an applicant has motoring convictions listed below:

(i)         disqualification from driving by a court for any reason within the preceding ten years;

(ii)        an accumulation of a total of 10 or more penalty points from endorsable motoring offences in any of the preceding five years; or

(iii)       any unspent conviction for an offence or offences within the following categories:

·                     CD10   Driving without due care and attention;

·                     CD20   Driving without reasonable consideration for other road users;

·                     CD30   Driving without due care and attention or without reasonable consideration for other road users;

·                     CD40   Causing death through careless driving when unfit through drink;

·                     CD50   Causing death by careless driving when unfit through drugs;

·                     CD60   Causing death by careless driving with alcohol level above the limit;

·                     CD70   Causing death by careless driving then failing to supply a specimen for analysis; or

·                     DD30   Reckless driving;

·                     DD40   Dangerous driving; or

·                     IN10    Using a vehicle uninsured against third party risks;or

·                     SP60   Undefined speed limit offence;

(2)        Where the Director of Corporate Support Services, the Assistant Director Legal Services or the Senior Licensing Officer consider it appropriate to exercise their discretion by reason of their concern as to the suitability of the applicant they may refer the application to the licensing sub-committee; and

(3)        The Director of Corporate Support Services, the Assistant Director (Legal) and the Senior Licensing Officer may grant at their discretion a licence for a short period until the next meeting of the licensing sub-committee if a driver wishing to renew his or her licence has committed an offence such that there is no delegated authority to renew the licence.”