Agenda and minutes

To receive apologies for absence and to report any substitutions

Apologies for absence had been received from Cllrs Ruth Reed and Jerome Davidson. Cllr Jacquie Keen attended as a 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 motion to exclude the press and public pursuant to Procedure Rule 20 and in accordance with Section 100A(4) of the LGA 1972.

This was agreed.

The purpose of this report is to enable the Sub-Committee to consider a renewal application for a hackney carriage/private hire driver’s licence and his suitability to hold such a licence.

The Committee considered the report, supporting material and a submission from the driver on the circumstances leading to the hearing.

In relation to the offence of driving conviction for breach of requirements as to control of the vehicle, such as using a mobile phone, and his failure to notify the Council of the motoring conviction within 48 hours, in accordance with Waverley’s Hackney Carriage/Private Hire policy/  failing to disclose the conviction on his renewal application form in November 2022 the Committee noted the background to events and his explanation. It was understood that he had disputed this matter which did not reach conclusion until approximately one year after the offence date of 24 December 2021 in the Guildford Court.

The Committee considered carefully the information provided and heard the drivers explanation of events which formed the basis of the trial as namely he had picked up the phone when it had fallen out of it’s cradle. The driver explained that he had mistakenly not declared the conviction on the application as the appeal had not been heard, and had answered incorrectly in relation to other aspects of the form and should have sought advice from the licensing team. He apologised for his conduct and appearance before the Committee and explained the impact the Magistrates Court decision had resulted in (increased insurance premiums and financial penalty).

The Committee was concerned that the driver was not aware of the requirements of the policy, namely that he needed to declare any motoring offences/endorsements or criminal convictions/cautions or charges brought within 48 hours and that he should also have reported the incident despite the matter being determined at trial.

After hearing all the evidence, the Committee retired for a short while to deliberate.

The Committee accepted the driver’s apology and appreciated his straightforward and open approach during the hearing of the matter. In conclusion the Committee felt that, taking into account the information set out within the papers, including a DVLA printout which confirmed the court proceedings and date the substantive matter was entered onto his DVLA licence  and his verbal evidence, that he was a fit and proper person to hold a Waverley driver licence, and that the application to renew his licence should be GRANTED.

The Committee felt that the award of 4 points on his Waverley licence was appropriate in line with point 5 of the Council’s current penalty points scheme ‘Failure to notify the Council, in writing, of any motoring offences/endorsements or criminal convictions/cautions or charges brought against them within 48 hours’. The driver was also reminded of the importance of being familiar with the requirements of the licencing policy and seeking advice from licensing officers in the event of any queries.

The decision is felt to be fair, reasonable, proportionate and in accordance with human rights and natural justice principles.