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Miscellaneous Licensing Committee - Friday, 15th August, 2025 10.30 am

August 15, 2025 View on council website

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“Why did CD285's conviction not prevent licensing?”

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Summary

The Miscellaneous Licensing Committee of Cornwall Council met on 15 August 2025, to discuss several licensing applications and reviews. The committee refused applications for Hackney Carriages that did not meet policy specifications, reviewed existing Hackney Carriage licenses, and made decisions on granting new licenses based on whether applicants were deemed fit and proper persons. The committee also observed a two minute silence at 12pm as a mark of respect for the 80th anniversary of VJ Day.

Hackney Carriage and Private Hire Vehicle Driver's Licence - CD286

The committee revoked CD286's Hackney Carriage and Private Hire Vehicle Driver's Licence with immediate effect. The decision was made under Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976, citing concerns for public safety due to CD286's conviction for driving without due care and attention, for which she had been sentenced to 5 penalty points and a fine.

Councillors noted that CD286 also had an endorsement from December 2024 for exceeding the speed limit. They acknowledged a further accident on 31 May 2025, but did not consider it relevant to their decision as the police were taking no action.

The committee heard from CD286, who stated that she pleaded guilty to the offence of driving without due care and attention, but that she intended to appeal the sentence.

Members referenced the council's guidelines, which state that for an offence similar to the one CD286 was convicted of, a licence will not be granted until at least 7 years have elapsed since the completion of any sentence imposed.

Ultimately, the committee determined that CD286 was not a fit and proper person to hold such a licence, and that revoking the licence with immediate effect was necessary to protect the public.

Hackney Carriage and Private Hire Vehicle Driver's Licence - E1D212

The committee refused the application for the grant of a Hackney Carriage and Private Hire Vehicle Driver's Licence for applicant E1D212, deeming them not a fit and proper person to hold such a licence. The decision was influenced by E1D212's driving record, which included endorsements for exceeding the speed limit on two occasions and for driving without due care and attention on one occasion, resulting in a total of 9 points on their licence.

The committee noted that E1D212 had a previous application for renewal refused on 21 June 2024. They referenced the council's policy stating that applicants with 7 or more points on their licence will not be granted a licence until at least 5 years have elapsed since the completion of any sentence imposed, which in this case would be March 2030.

The committee also had regard to the Statutory Taxi and Private Hire Vehicle Standards and considered whether, based on the information before them, they would allow a person for whom they care, regardless of their condition, to travel alone in a vehicle driven by E1D212 at any time of the day or night. Taking all matters into account, Members concluded that they would not.

Hackney Carriage and Private Hire Vehicle Driver's Licence - WD208

The committee refused the application for the grant of a Hackney Carriage and Private Hire Vehicle Driver's Licence for applicant WD208, as they did not consider them to be a fit and proper person to hold such a licence. The decision was based on the endorsements on WD208's licence for exceeding the speed limit on three occasions, resulting in a total of 9 points.

The committee noted that WD208 had received the endorsements while previously licensed by the council but had not disclosed them, despite being required to do so as a condition of the licence. They felt that the points received showed a pattern of speeding, and that this was not a one off.

The committee also had regard to the Statutory Taxi and Private Hire Vehicle Standards and considered whether, based on the information before them, they would allow a person for whom they care, regardless of their condition, to travel alone in a vehicle driven by WD208 at any time of the day or night. Taking all matters into account, Members concluded that they would not.

Hackney Carriage and Private Hire Vehicle Driver's Licence - CD285

The committee granted the application for the Grant of the Hackney Carriage and Private Hire Vehicle Driver's Licence for Applicant CD285, as the Committee consider Applicant CD285 to be a fit and proper person to hold such a Licence.

Members noted the details regarding the Conviction received by CD285 in June 2025 and the sentence imposed.

Members noted the Council's Guidelines for determining the suitability of applicants and licensees in relation to offences, convictions, cautions, endorsements, complaints, etc, states that for an offence similar that for which CD285 was convicted then an applicant will not be licensed for a period of 10 years. However, Members heard from the applicant and noted the specific details regarding the matter before them and further noted the comments from HR Safeguarding regarding the applicant that CD285 was suitable to be licensed.

Members had regard to the Statutory Taxi and Private Hire Vehicle Standards and considered whether, based on the information before them, they would allow a person for whom they care, regardless of their condition, to travel alone in a vehicle driven by CD285 at any time of the day or night. Taking all matters into account, Members concluded that they would.

Hackney Carriage Vehicle Licence - CV46

The committee refused an application to licence Hackney Carriage CV46, registration number DXZ 4297, as it did not meet policy specifications. Richard Watts of Mainline Taxis applied for a change of Hackney Carriage vehicle licence to carry 6 passengers in a Chrysler Grand Voyager. However, the centre seat in Row 3 measured 12 inches wide, which did not meet the council's policy requiring each seat to be at least 16 inches wide at its widest point. The vehicle licence had therefore been granted to carry 5 passengers rather than 6.

The committee decided not to depart from the council's specifications, stating that there was insufficient space for customers to travel safely and in comfort.

Hackney Carriage Vehicle Licence - CV47

The committee refused an application to licence Hackney Carriage CV47, a Volkswagen Touran registration number KV57 CUJ, as it did not meet policy specifications. Jordan Johnson of JJ's Taxis applied for a renewal of the licence. However, the front of the roof sign displays JJ's Taxis above Taxi which does not meet the Council's policy.

The committee decided not to depart from the council's specifications, stating that it was important that the roof signage was clear on licensed vehicles.

Hackney Carriage Vehicle Licence - CV45

The committee deferred a decision on an application to licence Hackney Carriage CV45. Roger Parris of Phd Taxi Services applied for the renewal of a Hackney Carriage vehicle licence for a Peugeot 5008, registration number KO14 OVC, to carry 4 passengers. The item had been deferred to the September meeting of the committee at the request of the applicant.

Hackney Carriage Vehicle Licence - WD207

The committee deferred a decision on an application for the grant of Hackney Carriage and Private Hire vehicle Driver's Licence for applicant WD207 to the meeting on 12 September 2025 to allow the applicant to attend. Members had questions they wished to raise with the applicant and felt that it was reasonable and proportionate to request the applicant's attendance in order to determine the application.

Hackney Carriage Vehicle Licences - EV21, EV22, and E1D211

The committee considered reports regarding the review of Hackney Carriage Vehicle Licences EV21 and EV22, and Hackney Carriage & Private Hire Vehicle Driver's Licence E1D211.

The committee resolved to give the holders of EV21, EV22 and E1D211 a formal written warning regarding their conduct. The committee considered the holders of EV21, EV22 and E1D211 to be fit and proper persons to hold such a Licence and therefore considered there to be no reasonable cause to suspend or revoke the licence.

Members noted the content of the reports and the matters set out within the reports relating to the holders of EV21, EV22 and E1D211.

Members heard that the holders of EV21, EV22 and E1D211 had also undertaken a review of the companies working practices and Members were reassured by this. Members also heard from a representative who spoke on behalf of the holders of EV21, EV22 and E1D211. On balance, Members accepted the explanation given by the holders of EV21, EV22 and E1D211 that this was a one off due to a momentary lapse in concentration. Members had also heard that the holders of EV21, EV22 and E1D211 accepted that he had been distracted by his phone but that he did not answer it.

Taking all the information into account Members accepted the explanation given by the holders of EV21, EV22 and E1D211 and felt that there was insufficient evidence to show that the holders of EV21, EV22 and E1D211 were not fit and proper persons to retain his licence.

The committee noted their overriding consideration to the public and the importance of protecting the public and public safety. Taking all the information into account, Members felt that it was reasonable and proportionate to give the holders of EV21, EV22 and E1D211 a formal written warning.

Attendees

Profile image for John Thomas MBE
John Thomas MBE  Vice-Chairman of the Council •  Independent
Profile image for James O'Keefe
James O'Keefe  Liberal Democrat
Profile image for David Saunby
David Saunby  Independent
Profile image for James Ball
James Ball  Independent
Profile image for Chris Batters
Chris Batters  Liberal Democrat
Profile image for Angus Black
Angus Black  Reform UK
Profile image for Paul Cador
Paul Cador  Reform UK
Profile image for Faye Emery
Faye Emery  Liberal Democrat
Profile image for Jamie Hanlon
Jamie Hanlon  Reform UK
Profile image for Robin Moorcroft
Robin Moorcroft  Independent
Profile image for Rowland O'Connor
Rowland O'Connor  Stand Alone Independent
Profile image for Jane Pascoe
Jane Pascoe  Conservative
Profile image for Rob Parsonage
Rob Parsonage  Reform UK
Profile image for Steven Webb
Steven Webb  Liberal Democrat

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet 15th-Aug-2025 10.30 Miscellaneous Licensing Committee.pdf

Reports Pack

Public reports pack 15th-Aug-2025 10.30 Miscellaneous Licensing Committee.pdf

Minutes

Printed minutes 15th-Aug-2025 10.30 Miscellaneous Licensing Committee.pdf

Additional Documents

Minutes of Previous Meeting.pdf
Report - CV45.pdf
Report - CV46.pdf
Report - CV47.pdf