Agenda item

Present: Applicant and Supporter

The Panel Members and Officers introduced themselves.

The Legal Advisor outlined the purpose of the hearing and explained the procedure for the meeting.

The Licensing Enforcement Officer presented the report, which related to a review of a licence to drive hackney carriage or private hire vehicles where a licensed vehicle had been operating without insurance or tax.

The Chairman asked why photographs of a second vehicle had been included in the paperwork.

The Licensing Enforcement Officer explained that the vehicle concerned was also owned by the Licence Holder.  This vehicle was taxed and insured. 

The Licence Holder added that the second vehicle was now off the road due to engine problems.

The Chairman invited the Licence Holder to put his case.

The Licence Holder stated that he had thought the vehicle was insured but it appeared that the direct debit had failed and the insurance had been cancelled.  A payment had been debited from his account which he thought was for the insurance as it was a similar amount.   As a result he had been using the vehicle since August without insurance.  A similar problem had occurred with the tax (vehicle excise licence) for the vehicle.  He said he would not have driven the vehicle if he had been aware that it was not insured and he would ensure that there was enough money in his account to make the payments in future.

The Chairman reminded the Licence Holder that his passengers were not insured if he did not have insurance for the vehicle.

The Licence Holder’s Supporter stated that he ran a taxi firm.  He had given work to the Licence Holder’s firm, which he would not have done if he knew the Licence Holder was uninsured.  He said that the Licence Holder’s life was chaotic and if he was allowed to keep his licence, the Supporter would take over the Licence Holder’s business to give him a chance to sort himself out. 

Councillor Mrs G Perry-Warnes asked the Supporter if he would ensure that the paperwork was done properly if he took over responsibility for the business.

The Supporter confirmed that he would purchase the Licence Holder’s vehicles and take over responsibility for tax, insurance etc.

The Chairman asked the Licensing Enforcement Officer if she had anything she wished to add.  The Licensing Enforcement Officer stated that she did not.

The Legal Advisor asked if the Licence Holder was aware of any further action being taken by the Police regarding this matter.

The Licence Holder said he had received no further correspondence.

The Supporter suggested that this was because the Licence Holder was not living at his correspondence address. 

The Sub-Committee and Legal Advisor questioned the Licence Holder about his living arrangements and arrangements for collecting his post.

The Licence Holder explained that he visited the address sporadically and that he suspected that some of his post was missing.  He was trying to find somewhere else to live.

Councillor Mrs G Perry-Warnes asked if the Licence Holder’s post relating to his taxi driving could be sent to the Supporter’s address.

The Supporter said that it could be done but indicated that the Licence Holder should take responsibility for his own arrangements.

The Chairman referred to the Police report which stated that the Licence Holder had been stopped two weeks previously for the same issue.  He asked why this had not alerted the Licence Holder to a problem.

The Licence Holder explained that a further telephone check had been made by the Police during the stop which indicated that he was insured.

The Chairman questioned the Licensing Enforcement Officer regarding the vehicle excise licence.

The Licensing Enforcement Officer explained that the vehicle was not taxed at the time it was stopped.  She did not know if the Government gateway informed vehicle owners if their vehicles were not taxed.  According to the Government website the vehicle was taxed at some time during December 2019 but she did not know the date as licences ran from the first of each month.

There were no further questions.

The Sub-Committee retired at 1.12 pm and returned at 2.25 pm.

RESOLVED

That the Licence Holder’s licence be endorsed with the following:

·       4 penalty points for driving a taxi without insurance and vehicle tax;

·       3 penalty points for not notifying the Licensing Authority of the change of address;

·       An additional condition to require that all of his correspondence pertaining to his operation as a taxi driver be sent to (the Supporter at his company address).