URL: https://democracy.runnymede.gov.uk/ieDecisionDetails.aspx?ID=1733

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: The Committee was asked to determine whether an applicant was fit and proper within the meaning of the Local Government (Miscellaneous Provisions) Act 1976 to be granted an application for a Hackney Carriage/Private Hire Driver’s Licence.   The Senior Licensing Officer was invited to present their report.  This set out the details of the application, and highlighted the fact that before the applicant’s licence had expired in February 2025, he applied for it to be renewed in January 2025, but had failed to disclose three driving offences of exceeding the speed limit.  Each amounted to 3 points, totalling 9 points.  This had come to light when Officers checked the DVLA licence records as a normal part of the renewal procedure.  Applicants are required to provide a unique number in order to undertake the check which the applicant had duly provided on the form.   When interviewed by Officers in February 2025, the applicant admitted to a further motoring offence from October 2024.   With regard to the applicant’s previous record, Officers advised that since being first licensed in 2014, there had been one record of previous non-compliance.  This occurred in 2019, for which a warning was issued at the time.  Again, this was a motoring offence from November 2018.  Officers confirmed that no other complaints had been received in the 11 years that the applicant had been licensed.   The applicant’s renewal application was refused in February 2025.  Subsequently, following a further 3 points being placed on the DVLA licence, the applicant, was disqualified in September 2025, for a period of six months, and reinstated in March 2026.  The applicant then submitted an application for a new Hackney Carriage/Private Hire Driver’s licence in April 2026, which Officers considered merited determination by the Committee.   The Senior Licensing Officer explained that as a result of this case, and following an internal review, it was deemed appropriate to amend the application form to make the declaration of criminal or motoring offences clearer; specifically, to break the original question down to ask applicants to declare yes or no the answer to 5 sub questions regarding criminal or motoring offences.   It was confirmed that the applicant’s current DVLA licence contained a TT99 endorsement code (disqualification under totting up) which would not be removed until April 2029.  However, the 12 endorsement points that led to the disqualification had been removed.   The Committee was directed to the Council’s Hackney Carriage and Private Hire Licensing Policy, which stated that normally if a person had lost their DVLA licence due to ‘totting up’, 3 years should elapse (after the restoration of the DVLA Driving licence) before an applicant would be granted a Hackney Carriage or Private Hire Driver’s licence.  In addition, Members were signposted to the Institute of Licensing ‘Suitability Guidance’, and the paramount consideration of public safety.   There being no questions for the Senior Licensing Officer, the applicant was invited to state their case.   The applicant had submitted a written statement and other supporting documentation which was included in the bundle before the Committee.   The applicant stated that he had been a professional driver for over 20 years, and a Hackney Carriage driver since 2014.  He readily took full responsibility for his mistake, and deeply regretted that his behaviour had fallen short of what was expected.  He took a pride in his work and agreed that public safety was a priority.  When he was disqualified from driving for 6 months, this had given him an opportunity to reflect, and make changes.  When his licence was re-instated he had taken proactive steps to make improvements and had taken a defensive driving course and was now working towards achieving advanced driver status with the Institute of Advanced Motorists Ltd.  The applicant stated that he was determined to regain the trust of the licensing authority.   The applicant was asked if anything had precipitated the short series of motoring offences which followed a long history of good conduct.   The applicant provided the Committee with some of his driving history.  He had founded a taxi firm in Egham with a colleague, and was very successful.  He referred to having a life event which had affected his judgement and that had taught him a big life lesson.  He considered that his mistake on the application form was genuine, that he didn’t intend to deceive anyone, and did not recall the previous warning from 2019.  He said that he was not proud of his actions, it was not really dignified.   The Committee said to the applicant that Members could only depart from the Licensing Authority’s policy in exceptional circumstances, and had to feel they could trust the applicant to put public safety first.   The applicant readily agreed and said that he now had a different mind set, and that driving legally, as a professional was his number one priority.  As a family man, ne appreciated the need for safety of the travelling public.   The applicant provided more details of what was shortly afterwards established as 5 motoring offences; all for exceeding the speed limit in various locations including central London, the motorway, and flyover.  One Member commented that the speeding offences were relatively minor.  However, the applicant said that it was still exceeding, and that he should have paid attention.  The applicant felt that it was good that he had been caught as it gave him a chance to reflect and try different opportunities, including to become a Private Hire Operator.  He instilled in his drivers the absolute necessity to drive safely, and pay attention because it affected everyone’s lives.   The Senior Licensing Officer drew the Committee’s attention to the team’s decision to amend the wording on the application form, because they agreed it could have been more clear.  Officers agreed that the applicant had not been deliberately deceptive and that he had made a genuine mistake.  The Committee was also asked to consider the applicant’s character, which was an important assessment of whether someone was ‘fit a proper’ to hold a hackney carriage and/or private hire driver’s licence.   The meeting was adjourned at 11.33 am, and reconvened at 11.45 am to allow the Committee to clarify with the Senior Licensing Officer whether it was reasonable to add a condition if granting the licence to pass an Advanced Driver course and attain membership of the Institute of Advanced Motorists (IAM ‘road smart’).  The Senior Licensing Officer considered it was a specific, measurable, and enforceable condition.   There was a short discussion about the practicalities of attaining membership through undergoing a series of courses, and how long that might take.  Drivers could choose to take between 6 and 12 modules as 1:1 sessions, then take the final test to attain Advanced Driver certification and membership when they felt ready to do so.   The meeting was adjourned again at 11.55 am to allow the Senior Licensing Officer to make some checks about the IAM process.   The meeting was reconvened at 12:05 pm.  The Senior Licensing Officer confirmed the process of attaining Advanced Driver certification and membership of the IAM, and that it would be reasonable to allow the applicant up to a year to fulfil the condition, if the application was granted.   The applicant re-asserted his desire and need to do the course, that he had reformed in character, and his behaviours, to be fully responsible and trustworthy.   The meeting was adjourned at 12:11 pm and reconvened at 12:17 pm.   The decision of the Committee conveyed verbally to the applicant was that his application would be granted, subject to the condition that he undertook the IAM courses and attained membership thereof by 25 June 2027, and submitted the proof of this to the Licensing Authority, by which time would be the new West Surrey Council.   The applicant was advised that if he was unable to meet this condition, his licence would be revoked by the new Licensing Authority.   The rationale for departing from the Licensing Authority’s policy was that the Committee considered that the applicant had demonstrated that he took his responsibilities seriously, had changed his behaviour, and that Advanced driver certification and membership of the IAM would be sufficient and independent evidence of his high standard of driving skills, abilities and behaviours, which would exceed those of other drivers.   Resolved that –   the applicant is a fit and proper person within the meaning of the Act.  Therefore, to grant the applicant a Hackney Carriage/Private Hire Driver’s licence subject to the following condition:   that by no later than 25 June 2027, the applicant shall submit proof to the Licensing Authority that they have undertaken the IAM Road Smart Advanced Driver course, and achieved membership of the IAM by passing an advanced driving test administered by the IAM.

Date of Decision: June 25, 2026