Agenda item

An application for the renewal of a School Transport Vehicle Driver's Licence and reports for the consideration of the suspension/revocation of Hackney Carriage Vehicle Driver's Licences

To allow the committee to consider an application for the renewal of a licence to drive School Transport Vehicles and reports for the suspension/revocation of licences to drive Hackney Carriage Vehicles

Minutes:

The Sub-Committee considered a report that set out the cases relating to the following:

  • A report to consider the application for the suspension/renewal of a School Transport Vehicle Driver’s Licence. Licence Holder: DHL (Appendix 1).

·       A report to consider the suspension/revocation of a Hackney Carriage Vehicle Driver’s Licence. Licence Holder: AM (Appendix 2).

·       A report to consider the suspension/revocation of a Hackney Carriage Vehicle Driver’s Licence. Licence Holder: FA (Appendix 3).

Summaries detailing the circumstances relating to each case were attached to the report at Appendices 1 to 3.

DHL attended the meeting, addressed the Sub-Committee and responded to questions.

AM did not attend the meeting and did not respond to phone calls or emails sent by officers during the meeting.

FA attended the meeting, addressed the Sub-Committee and requested an adjournment to allow them time to seek legal representation.

Nicola Butler, RBC Licensing Team presented the reports to the Sub-Committee. Ben Williams and Mike Harding, RBC Licensing Team, also attended the Sub-Committee meeting and asked and responded to questions.

In reaching its decisions the Sub-Committee endeavoured throughout to strike a fair balance between the interests of the licence holders and the concerns of the Licensing Officers, but its overriding consideration was to the safeguarding of the public.

In coming to its decisions, the Sub-Committee also gave due consideration to the written material contained in the paperwork, the oral evidence provided at the meeting, and to relevant legislation, guidance and the policies of Reading Borough Council, including:

  • The Town Police Clauses Act 1847;
  • The Local Government (Miscellaneous Provisions Act) Act 1976;
  • The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022;
  • The Equality Act 2010;
  • The Secretary of State’s Guidance;
  • Reading Borough Council's Hackney Carriage and Private Hire Vehicle Convictions Policy;
  • Reading Borough Council’s Hackney Carriage driver and vehicle conditions;
  • Reading Borough Council’s private hire driver, vehicle and operator conditions;
  • Reading Borough Council’s private hire (school transport) driver, vehicle and operator conditions;
  • All of the documents provided for the meeting, including the additional information circulated via email, and;
  • The Fit and Proper Person Test.

Resolved –

(1)           That the School Transport Vehicle Driver’s Licence in respect of DHL be renewed subject to DHL reading and assimilating their licence conditions, and completing an extended driving assessment, at their own expense, through an approved provider, within a period of three months. If by that date DHL had not supplied proof of course completion to Licensing Enforcement Officers, no licence should be issued and application should be deemed to be refused;

(2)           That, in respect of the decision set out at (1) above, the following reasons be noted:

(a)           The applicant had been driving for reward for a large number of years, with no previous disciplinary issues.

(b)           That Reading Borough Council’s Convictions Policy stated at paragraph 51 that more than one minor traffic conviction would result in a licence being refused. Paragraph 53 of the same Policy states that “Where there is a second occurrence of a minor traffic offence, whilst the first minor traffic offence is valid … a licence holder can agree to complete an extended driving assessment, at their own expense, through an approved provider, as an alternative to  revocation.”

(c)           The Sub-Committee accepted DHL’s explanation as to why the convictions were not declared on the form.

(d)           The Sub-Committee noted that Licensing were not informed of the convictions at the time, and were concerned that DHL had not read their licence conditions, because a knowledge of them was fundamental to the successful operation of a licence.

(e)           The Sub-Committee was, however, satisfied that DHL remained a fit and proper person to continue to hold a licence, once they had read the conditions, and had successfully completed the extended driving assessment.

(3)           That the review of the Hackney Carriage Vehicle Driver’s Licence in respect of AM be deferred until the meeting scheduled for 5 August 2025 to allow AM to be present. AM to be informed that the review would be heard in their absence on that date if they were not able to attend.

(4)           That the review of the Hackney Carriage Vehicle Driver’s Licence in respect of FS be deferred until the meeting scheduled for 5 August 2025 to allow their legal representative to be present.

 

The meeting started at 9.34am and closed at 10.45am