Decision details

Conduct and Conviction of a licensed Private Hire / Hackney Carriage (Joint) Driver

Decision Maker: Licensing Sub-Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Licensing Team Leader presented the report to consider the conduct of a Private Hire/Hackney Carriage (Joint) Driver, and to determine whether he remained a fit and proper person to continue to hold such a licence.

 

The Chairman invited the applicant to make representations and questioned why he had failed to disclose his conviction to the Licensing Section.  The applicant apologised and explained that he had told his employer immediately but that it had been an oversight on his part not to inform the Licensing Section.

   

The applicant referred to his written representations which had been included on the agenda and shared background information on his conviction complaints made against him.  He responded to questions raised by the panel.

 

In response to questions from the panel, the applicant provided clarification on various aspects of his convictions and on his employment background.

 

The Solicitor asked whether the applicant would object to undergoing a psychiatric test and the applicant confirmed that he would not object to this.

 

The owner of the taxi company, who employed the applicant and had accompanied him to the meeting, was asked if they considered the applicant to be a fit and proper person to hold a licence and they replied that they believed this to be the case.

 

When the Chairman was satisfied that all relevant questions had been raised, he requested that the applicant, his representative and the Licensing Team Leader leave the meeting whilst the panel reached a decision.

 

4.1       Determination of the Application

 

In determining the application, the panel considered the Council’s guidance on the treatment of convictions which was appended to the report.  The panel considered the circumstances involved and felt that the applicant was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Drivers Licence.

 

The panel agreed that it would be appropriate for the Licensing Section to receive quarterly update reports from the applicants GP and that the GP should be asked to refer the applicant for a psychiatric test. 

 

The Licensing Team Leader, applicant and representative were invited to return so that the meeting could be reconvened.

 

4.2       Decision

 

The Chairman advised that having considered the representations made, panel agreed that the applicant could continue to have a private hire/hackney carriage drivers’ licence.

 

RESOLVED:

 

(a)       That the applicant was a fit and proper person to hold a Private Hire/           Hackney Carriage Driver’s Licence under the Local Government   (Miscellaneous Provisions) Act 1976 and that the Licence be granted;             under the strict condition that the applicant receive quarterly update             reports from   his GP and that he request that his GP refer him for a             psychiatrist test.

 

Report author: Gemma Potter

Publication date: 09/10/2018

Date of decision: 11/12/2017

Decided at meeting: 11/12/2017 - Licensing Sub-Committee

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