Issue - meetings

That the application be refused as the Sub Committee was not satisfied the Applicant was a fit and proper person to hold a Hackney Carriage and Private Hire Driver’s Licence within the meaning of the Local Government (Miscellaneous Provisions) Act 1976.

HEARING AND DETERMINATION OF THE APPLICATION

The Chair welcomed the Applicant and Interpreter and introduced the panel members.

CONDUCT OF A PRIVATE HIRE/HACKNEY CARRIAGE (JOINT) DRIVER

The Chair referred to the report which was to consider an application for a Private Hire / Hackney Carriage (Joint) Driver Licence.  The Licensing Sub Committee was asked to consider whether the Applicant was a fit and proper person within the meaning of the Local Government (Miscellaneous Provisions) Act 1976 to hold a Private Hire/Hackney Carriage (Joint) Driver Licence with this Authority.

The Chair confirmed that the Applicant had the support of aTranslator who would be translating throughout the hearing.

            The Licensing Team Manager reported that the Applicant had applied for a Private Hire / Hackney Carriage (Joint) Driver Licence which was shown at Appendix A. 

            The Licensing Team Manager read out sections 1.02 to 1.20 of the report which included the following information:-

            The Applicant disclosed that he had 6 points on his DVLA driving licence.

            The Applicant had ticked no in response to the question on whether an applicant had ever been convicted, received a caution or fixed penalty notice for any offence other than motoring offences.

            The declaration on the application form was signed by the Applicant in section 9. The declaration asked the Applicant to read the section carefully and to only sign if they understood it and accepted each of the statements.

            Upon receipt of the Applicant’s DVLA fee paying enquiry, 6 points for an MS90 offence (failure to give information regarding identity of driver) were shown. The DVLA document was shown at Appendix B.

            A written explanation was requested regarding the MS90 offence and the subsequent points. This was received in the form of an email sent by a relative of the Applicant, and was shown at Appendix C

            On receipt of the Applicant’s Disclosure and Barring Service Enhanced Criminal Record Check, made as a part of his application for a Joint Driver Licence, one conviction with two separate offences was shown from 2022. Further details were shown at Appendix D.

            A further written explanation was provided alongside the DBS, yet this did not address the reason for his failure to disclose this conviction on his application form. The second explanation was shown at Appendix E.

            Flintshire County Council had adopted guidance on the treatment of convictions, cautions and other recorded sanctions. This was shown at Appendix F.

            Reference was also made to Paragraph 2.2 of the above guidance which stated that ‘under the provisions of Sections 51 and 59, Local Government (Miscellaneous Provisions) Act 1976, the Licensing Authority was required to ensure that an applicant for the grant or renewal of a Hackney Carriage / Private Hire driver’s licence was a fit and proper person to hold such a licence.

            Paragraph 4.1 referred to how convictions, breaches of condition and alleged offences were addressed within paragraph 4.3 referring to major driving offences.

            Reference was also made to paragraph 4.21 which referred to dishonesty and although  ...  view the full minutes text for item 3