Agenda item

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 was granted a licence for a probationary period of twelve months. 

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

In presenting the report, the Licensing Team Leader provided background information and referred to the main considerations.  She explained that on receipt of the applicant’s Disclosure and Barring Service (DBS) enhanced criminal records check four convictions were shown.  The report detailed information on the applicant’s offences and the Council’s adopted guidance on dealing with such matters.  The applicant was advised that due to the nature of the convictions and the most recent offence she would be invited to appear before the panel to determine whether she 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.    

            The Chairman asked the applicant if she wished to provide any additional information in support of her application.  The applicant explained the circumstances leading up to the past and most recent offence and detailed the personal difficulties she had experienced in her relationship with her partner and the loss of a close family member.  She stated that the earlier offence had been carried out in her youth and was a source of embarrassment to her.  The applicant said that the most recent offence had been committed as a result of ongoing provocation by another person and she expressed remorse for her actions.        

The panel asked the applicant questions regarding her family circumstances, employment history, and character.  The Solicitor sought further details around the most recent offence and explained that this was necessary to determine whether the applicant was a fit and proper person to hold a joint driver licence.  The applicant responded to the questions asked and acknowledged that she had a responsibility to be drink aware in social situations and to be held to account for her actions.  She stated that the offence was out of character and reiterated that she had reacted as a result of provocation and was deeply remorseful for her actions.  

The Chairman invited the applicant’s prospective employer to explain why he was prepared to employ the applicant if she was granted a licence and the nature of the work that she would be undertaking.  The prospective employer said the applicant was known to him as an acquaintance of his wife and had been truthful during the interview process in raising and explaining the offences that had been committed.    

When asked by the Chairman the applicant said that she did not wish to raise any questions with the panel.

The Licensing Team Leader, the applicant and prospective employer were asked to leave the meeting whilst the application was determined.     

5.1       Determination of the Application

            In determining the application, the panel considered the Council’s guidance on the treatment of convictions, cautions, criminal charges or other recorded sanctions, which was appended to the report.  The panel paid particular attention to paragraph 4.18 that relates to violence convictions and applied that to the applicant’s circumstances.  The panel felt that the applicant had given an honest and full explanation of the circumstances which had given cause to the most recent offence and had expressed regret for her actions.  Following consideration of this and all representations made, the panel considered the applicant to be 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.

5.2       Decision

The Chairman advised that the panel considered the applicant to be a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Drivers Licence and was granted a licence for a probationary period of twelve months. 

The Chairman thanked the applicant and the interested party for their attendance. 

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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 was granted a licence for a probationary period of twelve months.