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Miscellaneous Licensing Committee - Friday, 10th January, 2025 10.00 am
January 10, 2025 Miscellaneous Licensing Committee View on council websiteSummary
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The Miscellaneous Licensing Committee of Cornwall Council met on Friday, 10 January 2025, to consider a range of applications for Hackney Carriage and Private Hire Vehicle Driver's Licences. During the meeting, the committee granted licences to three applicants, refused two, and adjourned two applications for further review.
Applications for Hackney Carriage and Private Hire Vehicle Driver's Licences
The committee considered several applications for Hackney Carriage and Private Hire Vehicle Driver's Licences.
E1D203: The application for a new licence for E1D203 was granted. The committee determined that E1D203 was a fit and proper person to hold a licence. This decision was made despite a conviction from 2009, which was over 15 years prior to the application. The HR Safeguarding Team Leader had also recommended the applicant for a licence. The committee accepted E1D203's explanation for the past conviction and felt it was appropriate to depart from policy on this occasion.
CD272: The renewal of the licence for CD272 was granted. The committee found CD272 to be a fit and proper person to hold a licence. This decision was made despite CD272 having 9 points on his driving licence and failing to notify the council of these endorsements, which is a condition of his licence. The council's policy states that licences will not be granted if an applicant has 7 or more points until 5 years have elapsed since the completion of any sentence. However, the committee noted that CD272 had been licensed since 2005 without prior issues and accepted his explanation.
CD274: This item was withdrawn from the agenda prior to the meeting.
CD275: The renewal of the licence for CD275 was refused. The committee did not consider CD275 to be a fit and proper person to hold a licence. This decision was based on several factors, including a warning letter received in April 2024 regarding allegations of driving an unlicensed vehicle, a further complaint in August 2024 about driving a licensed vehicle without a driver's licence, and being stopped by the police in October 2024 for driving without the necessary taxi driver's licence. CD275 believed he had a temporary badge, which the council does not issue. Additionally, CD275 had two speeding endorsements on his licence and had failed to notify the council of these, contrary to his licence conditions. The committee did not accept his explanations and concluded his behaviour was not that of a professional licensed driver.
WD188: The application for a new licence for WD188 was granted. The committee considered WD188 to be a fit and proper person to hold a licence. While noting previous convictions, the most recent being in 2015, and a medical report confirming he met Group 2 medical standards, the committee expressed concern about an endorsement for using an uninsured vehicle, which resulted in 6 penalty points in January 2023. However, after hearing WD188's explanation, which the committee found plausible, and noting his regret and move to Cornwall, they decided to depart from council policy on this occasion.
WD189: The application for a new licence for WD189 was refused. The committee did not consider WD189 to be a fit and proper person to hold a licence. This decision was influenced by endorsements on his licence, including a 12-month driving disqualification in February 2021 and subsequent speeding points in November 2023. The council's policy states that licences will not be granted if an applicant has 7 or more points until 5 years have elapsed since the completion of any sentence. The 12-month disqualification was still within this period.
WD191: The application for a new licence for WD191 was refused. The committee determined that WD191 was not a fit and proper person to hold a licence. This decision was based on endorsements including a 6-month driving disqualification in August 2023 and further points for failing to identify a driver in February 2024. The 6-month disqualification was still within the 5-year period stipulated by council policy, and the subsequent points were seen as not indicative of a professional licensed driver.
Reviews of Hackney Carriage and Private Hire Vehicle Driver's Licences
The committee also considered reviews of existing licences.
WD192: The review of WD192's licence was adjourned to the Urgent Driver/Operator/Vehicle Sub-Committee meeting on 16 January 2025. The applicant was not in attendance and had requested an adjournment to obtain legal counsel.
WV166: The review of WV166's Hackney Carriage and Vehicle Licences was also adjourned to the Urgent Driver/Operator/Vehicle Sub-Committee meeting on 16 January 2025. The applicant was not in attendance and had requested an adjournment to obtain legal counsel.
CD276: The licence for CD276 was revoked with immediate effect. The committee found CD276 to be not a fit and proper person to hold a licence due to inappropriate behaviour and conduct. This included an incident on 11 December 2024 involving behaviour towards a council parking enforcement officer and a previous incident on 18 September 2024. The committee concluded that CD276's behaviour was not that of a professional licensed driver and that the public's safety was paramount.
The meeting also included standard procedures such as advising on emergency evacuation and domestic procedures, and the confirmation of minutes from previous meetings. The press and public were excluded from discussions involving information relating to individuals.
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