To consider a report regarding a Hackney Carriage and Private Hire Driver’s Licence.

Members considered a report that sought a review of a Torbay Council Dual Hackney Carriage and Private Hire Drivers’ Licence.  The Licensing Officer advised Members that Mr Piewiszko had failed to meet specific requirements as set out in the current Hackney Carriage and Private Hire Licensing Policy 2018 to 2022, by allowing his DVLA driving licence to expire and continuing to drive passengers for over a five month period. 

At the hearing, Mr Piewiszko set out the circumstances to this advising Members that he hadn’t received the reminder letter from DVLA and that failure to renew his DVLA licence was a genuine mistake on his part.

Decision:

That Mr Piewiszko be formally warned in writing and that this warning shall remain in situ for a period of 12 months and that should any further issues of concern arise within that 12 month period which requires Mr Piewiszko to appear again before a Licensing Committee, Members of that Committee shall be made aware of this written warning; and

That Mr Piewiszko read and familiarises himself with the contents of Torbay Council’s Hackney Carriage (Taxi) and Private Hire Policy, as issued to him and that he keeps a copy of the said Policy in the licensed vehicle at all times when on duty as a licensed driver for future reference; and

That Mr Piewiszko’s Drivers Licence suspension be lifted with immediate effect and his licence and plate be returned to him forthwith.

Reasons for the Decision:

Having carefully considered all of the written and oral representations, Members resolved that Mr Piewiszko should receive a formal written warning in this instance, having been satisfied on all the evidence before them, that this was a genuine mistake by him and that once it was known to him that his driving licence had elapsed, Mr Piewiszko acted immediately to remedy this.

Members were further satisfied that Mr Piewiszko had shown genuine remorse for this oversight and that he had not driven as a licensed driver since his immediate suspension.

Members further noted that there has never been any issues of concern with regards to Mr Piewiszko in the 13 years he has been a driver licensed by Torbay Council and the excellent oral character reference put forward by the owner of the company he works for who took it upon himself to attend the hearing in support of Mr Piewiszko. 

In concluding, Members were reassured that the circumstances in which Mr Piewiszko appeared before them was out of character for him and therefore resolved a formal written warning was appropriate and proportionate in this instance.