Agenda, decisions and minutes

To receive any Declarations and advise Members accordingly.

None were received

RESOLVED:

That the press and public be excluded from the meeting for the following items as they were considered to contain exempt information by virtue of paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).

RESOLVED:

That the press and public be excluded from the meeting for the following items as they were considered to contain exempt information by virtue of paragraphs 12 and 13 of Part 4 of Schedule 12A of the Local Government Act 1972 (as amended).

That the application be refused as the applicant was not considered  to be a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver Licence under the Local Government (Miscellaneous Provisions) Act 1976.  

The Licensing Officer presented the report to consider an application for a Private Hire/Hackney Carriage (Joint) Driver Licence, licensed by the Authority. 

The Licensing Officer explained that the application had requested details of any previous convictions and the applicant provided a previous Disclosure and Barring Service (DBS) criminal records enhanced certificate which showed three convictions and a caution.  On receipt of the applicant’s DBS certificate which had been completed by Flintshire County Council for this application the same three convictions and one caution were shown.  This was attached as appendix B to the report.  The applicant was asked to provide a written explanation of his convictions which was attached as appendix C to the report. 

The Licensing Officer reported that the applicant had previously submitted two applications to Flintshire County Council for a Private Hire/Hackney Carriage (Joint) Driver Licence and referred to the  hearings of the Licensing Sub Committee held on 2 November 2015 and 29 February 2016.  On his application form the applicant informed that he had also made applications for a similar licence to Wrexham County Borough Council which had been refused.  His current application to Wrexham County Borough Council had not yet been heard.

The Licensing Officer advised that Flintshire County Council had adopted guidance on the treatment of convictions, cautions, and other recorded sanctions, and this was attached as appendix F to the report.  The relevant paragraphs of the guidance were detailed in the report. 

Due to the nature of the applicant’s previous convictions and his application to drive a taxi or private hire vehicle which involved driving for a considerable length of time day and night and being in a vehicle on a one to one basis with potentially children, vulnerable adults, and people who may have consumed alcohol or other substances, the applicant was invited to appear before the Licensing Sub Committee to determine whether he was a fit and proper person to hold a Joint Driver’s Licence with the Authority. 

The Chairman invited members of the Panel to question the applicant. The Panel sought further information from the applicant concerning the circumstances which had given rise to his convictions The applicant was also questioned about his previous applications and the refusal to grant him a licence.  The applicant responded that he was disappointed but not angry about the decision and accepted the outcome at the time. 

The Solicitor referred to the applicant’s  DVLA check which had been circulated prior to the hearing and showed details of all previous endorsements.  He drew attention to the fixed penalty notice in 2017 and a conduct hearing in 2017 and asked the applicant to explain the reasons for the offences, which the applicant confirmed related to use of a mobile phone.  The Solicitor also referred to the applicant’s application form and asked him why he had not included details of the fixed penalty notice in section 5 which asked for details of any occasions on which the applicant had been cautioned or convicted of any offences (including  ...  view the full minutes text for item 3.