Private hire licence application REFUSED after driver caught using mobile phone behind the wheel
- Perry Richardson
- 1 day ago
- 2 min read
A private hire driver’s licence application has been refused after a Fareham Borough Council licensing panel determined the applicant was not a fit and proper person to hold a licence following a conviction for using a hand-held mobile phone while driving.
The decision was reached during a Licensing Panel hearing on 9 June 2026, where members considered an application from a driver identified as Mr N. The panel reviewed details of a CU80 motoring offence committed in June 2023, which resulted in six penalty points being endorsed on his driving licence.
During the hearing, Mr N confirmed that the offence related to using a mobile phone while driving. The panel was told he received six penalty points and a £200 fine as a result of the conviction.
In assessing the application, councillors referred to the authority’s adopted Institute of Licensing guidance, which states that where an applicant has been convicted of using a hand-held mobile telephone or device while driving, a licence will not normally be granted until at least five years have passed since the conviction or the completion of any disqualification, whichever is later.
Although the panel acknowledged that the penalty points were approaching expiry on the applicant’s DVLA record, members noted that licensing policy focuses on the date of conviction rather than the validity period of the points themselves. The panel found that the required five-year period had not yet elapsed.
Mr N expressed remorse for his actions and accepted full responsibility for the offence. However, councillors concluded that the conviction remained too recent and that the seriousness of using a hand-held mobile phone while driving weighed heavily against the application.
The panel also considered whether exceptional circumstances existed that would justify departing from policy. Members determined that, while the applicant’s remorse was noted, there were insufficient grounds to move outside the council’s licensing framework.
As a result, the panel concluded that Mr N could not currently be regarded as a fit and proper person to hold a private hire driver’s licence and formally rejected the application. The applicant retains the right to appeal the decision to the Magistrates’ Court within 21 days of receiving formal notice.
The case reflects the increasingly firm approach many licensing authorities are taking towards mobile phone offences, particularly where professional drivers are concerned.
