Purpose and use
This policy will be used by us when it receives information that casts doubt on a driver’s suitability to continue as a licensed hackney carriage or private hire driver.
This policy shall only apply where a driver’s licence is to be suspended with immediate effect in the interests of public safety, by virtue of section 61 and 61 (2B) of the Local Government (Miscellaneous Provisions) Act 1976.
Application of policy
When we receive information that casts doubt on an individual’s fitness to continue as a licensed driver we are obliged to make a judgement as to whether any action should be taken against that driver in order to protect the public.
Every issue will be taken on its own merits. Our only consideration shall be the protection of the public.
We will consider any information provided to us, including, but not limited to, convictions, cautions, reprimands, warnings, complaints, allegations and other intelligence received. We will make a determination as to what weight should be given to the information received when making our decision.
We will refer to our document: ‘Guidance on Determining the Suitability of Applicants and Licensees in the Hackney Carriage and Private Hire Trades’ to assist in its determination of the seriousness of the matter and of what action, if any, is appropriate and necessary.
If we believe that an interim suspension of the driver’s licence is needed, we will make reasonable efforts to speak to the driver before issuing the interim suspension unless, in our opinion, the matter is too serious to be delayed.
In such circumstances, an interim suspension will be issued immediately and the driver will then invited to speak to Council officers at the earliest reasonable opportunity thereafter.
Any interim suspension of a licensed driver shall be time limited but, depending on the circumstances, the expiry of one interim suspension may be followed by the immediate issue of another if it is deemed necessary and appropriate in the interests of public safety.
In most cases, an interim suspension shall not be lifted until such time as the circumstances surrounding it have been considered by our Licensing Sub-Committee.
Making a determination
In making its determination we shall consider, amongst other things, the following matters:
- Would the person charged with making the decision, allow their son or daughter, spouse or partner, mother or father, grandson or granddaughter, or any other person for whom they care to get into a vehicle with this person alone?
- Would we grant a licence to a new applicant who declared the current issue on their application form?