Agenda item

Purpose: For Members to consider and determine an application for a Private Hire / Hackney Carriage (Joint) Driver Licence.

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.

The Licensing Team Leader presented the report to consider an application for a Private Hire/Hackney Carriage (Joint) Driver Licence.

The Chairman invited the applicant to make representations and to give a full explanation of his previous convictions detailed on the Disclosure and Barring Service (DBS) criminal records disclosure.

The applicant referred to his written representations which had been included on the agenda and shared background information on the convictions.  He responded to questions raised by the panel and took the opportunity to circulate supporting evidence.

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

The Solicitor sought clarification on why the applicant had failed to disclose all of his convictions on the licence application form which had only mentioned one, as the form specifically requested particulars of any offences.  The applicant spoke of his regret at the offences which had dated back some years.  He had assumed that these were spent and acknowledged that he had not been truthful in omitting them from the application in his pursuit of employment.  The applicant also provided clarification on the circumstances involved in some of his convictions.  When asked, he replied that he regarded himself as a fit and proper person to hold a licence despite the omission of previous convictions on his application form.  In support of this, he referred to his employment background as a driver, adding that he had been free of convictions for several years.

Following further questions from the panel, the Licensing Team Leader explained the different licensing regimes involved in respect of different vehicle sizes.

A representative of a taxi company, who had accompanied the applicant 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.  During consideration, concerns were expressed about the honesty of the applicant as he had failed to disclose all his convictions.  However, the panel considered the circumstances involved in each case and the length of time since the last conviction, and felt that the applicant was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Drivers Licence.

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

4.2       Decision

The Chairman advised that the panel had reservations about the integrity of the applicant due to his failure to declare all past convictions.  Having considered the representations made by all parties, they agreed to grant the application.

RESOLVED:

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.