Agenda and minutes

To receive apologies for absence and to report any substitutions

Apologies for absence were submitted by Cllr Martin D’Arcy. Cllr John Ward attended as substitute.

To receive from members declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest submitted for this meeting.

To consider the following recommendation on the motion of the Chairman:-

Recommendation

That pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in paragraph 1 of the revised Part 1 of Schedule 12A to the Act in respect of the following item:

Information relating to any individual (paragraph 1)

The Chairman read out the reasons for the exclusion of the public and the committee agreed to go into exempt session.

The purpose of the report is to enable the Sub Committee to consider an existing Hackney Carriage/ Private Hire driver and their suitability to hold such a licence in accordance with Waverley’s Hackney Carriage/Private Hire policy.

Recommendation

It is recommended that the Sub Committee give consideration to the report and the driver’s suitability to be a licenced Hackney Carriage/ Private Hire driver.

The Committee considered the report and supporting documents and at the hearing heard further from the driver.

In relation to the matters of driving with no insurance, the Committee noted the background to events and the drivers explanation and personal circumstances including mitigation in full.

The Committee heard how the driver had been working as a delivery driver for a third party who had assured him he was insured on the vehicle and that he had taken their word that this was correct. During the committee hearing, the driver was very open in their understanding and acceptance that they had failed to comply with the standards expected of a licensed driver.

The Committee considered carefully their good record overall and noted (as indicated by the Licensing Officer) that their DVLA record and Waverley penalty points records were clear up until this incident. It was accepted that this incident was out of character and a misjudgement. The Committee commended him for his honest and open approach.

The Committee considered the case on its own merits and, in line with the policy, noted that in exceptional circumstances it was possible to depart from the policy. However, the overriding objective was to ensure that drivers are fit and proper individuals and who do not represent a risk to members of the travelling public.

In line with Waverley’s policy, reference was made to the fact that regulatory offences will give doubts to an individual’s suitability to be a licensed driving professional. The Committee however recognised that they understood fully the possible impacts of their conduct and this could have impacted upon their passengers, and other road users.

The Committee expressed concern that he had not checked he was insured, and his failure to inform the Licensing office of his points on his licence. They accepted his apology, explanation and mitigating circumstances and were grateful for his open and honest approach throughout.

The Committee felt that he could be considered as a ’fit and proper’ person and agreed that it was appropriate and proportionate taking into account his cooperation and mitigation, to award 10 Waverley penalty points which were 8 for driving without insurance and 2 for not informing the Council of his points.

The purpose of the report is to enable the Sub Committee to consider an existing Hackney Carriage/ Private Hire driver and their suitability to hold such a licence in accordance with Waverley’s Hackney Carriage/Private Hire policy.

Recommendation

It is recommended that the Sub Committee give consideration to the report and the driver’s suitability to be a licenced Hackney Carriage/ Private Hire driver.

The Committee considered the report and supporting documents and at the hearing heard further from the driver.

In relation to the matters of driving on an expired plate, the Committee noted the background to events and the drivers explanation and personal circumstances including mitigation in full.

The Committee heard how the driver had been not realised his plate had expired as it had recently become over 5 years old and so required a 6 monthly inspection. During the committee hearing, the driver expressed that he had received no reminder form the Council and was surprised that a request for his expired plate had not been made in the 3 months he had been driving on an expired licence.

The Committee considered carefully their long driving history and their good record overall and noted (as indicated by the Licensing Officer) that their DVLA record and Waverley penalty points records were generally clear up until this incident, save having 4 penalty points in 2019 for a similar incident. It was accepted that this incident was a misjudgement and mistake in his administration management.

The Committee considered the case on its own merits, and in line with the policy noted that in exceptional circumstances it was possible to depart from the policy. However, the overriding objective was to ensure that drivers are fit and proper individuals and who do not represent a risk to members of the travelling public.

In line with Waverley’s policy, reference was made to the fact that regulatory offences will give doubts to an individual’s suitability to be a licensed driving professional. The Committee however recognised that they understood fully the possible impacts of their conduct and this could have impacted upon their passengers, and other road users.

The Committee expressed concern that he had disregarded the policy and procedures but accepted his apology, explanation and mitigating circumstances.

The Committee felt that he could be considered as a ’fit and proper’ person and agreed that it was appropriate and proportionate taking into account his cooperation and mitigation, to award 6 Waverley penalty points.

To consider any legal advice relating to any items in the agenda.

Legal advise was sought throughout deliberation.