Agenda item

The Chair welcomed the applicant and introduced the Members of the Sub-Committee and Council officers.  He explained the procedure for the hearing, including how the application would be determined.  

4.         APPLICATION FOR A PRIVATE HIRE / HACKNEY CARRIAGE DRIVER LICENCE

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

                        Background information was provided to Members, explaining that due to the nature of the applicant’s previous convictions the Sub-Committee was required to determine whether he was a fit and proper person to hold such a licence.  The report provided detailed information on the applicant’s prior convictions and the Council’s adopted guidance on dealing with such matters.

                        The Licensing Team Leader explained that the applicant had submitted a previous application which was considered by the same Sub-Committee Members on 2 November 2015.  The application was refused and the applicant had appealed to the Magistrate’s Court which was currently being processed, however there had been an administrative error at the Court which had delayed that process.

                        Members asked a number of questions in relation to the applicant’s previous convictions which were answered by the applicant.  The Solicitor sought clarification on a number of answers which he felt differed from the previous hearing and were clarified by the applicant. 

                        A number of questions were also asked on the personal references obtained by the applicant, namely on whether he felt in his request for references the he was leading the responses to which he said he was not.  He felt it was appropriate and necessary to explain the nature of why the reference was being asked for.  He had provided details of the referees to the Licensing Team Leader and asked that she seek the appropriate references but was informed that as two had been received, which was the Council’s requirement, she could not carry out that request but if the applicant wanted to obtain further references then he could do so.  This was confirmed by the Licensing Team Leader.  The applicant explained that the email seeking references was sent by his son on his behalf.  He then added that he was happy for the Sub-Committee to adjourn if they wanted to seek further details from the referees.

                        The Chair asked if the applicant felt he had received a fair and proper hearing to which he said he had.  He commented that he felt he was interrupted at times but confirmed that he had since been able to answer all of the questions asked. The Solicitor then asked if there was anything else he would like to add to which he said there was not.  The Licensing Team Leader, applicant and his representative left the room during the decision making.

4.1       Determination of the Application

                        In determining the application, the Sub-Committee considered the questions that had been asked and answered given and unanimously agreed that the hearing should be adjourned to allow time for additional information to be sought from the referees in support of his application.

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

4.2       Decision

                        The Chair advised that the Sub-Committee would like to reconvene on 14 March at 2pm if that was convenient to the applicant, which he confirmed it was.  It was explained that the purpose of the adjournment was to enable the referees to be contacted to ask if they would like to provide any further information.  The Chair also explained that a reconvened date would enable the applicant to expand on the answers given in relation to previous convictions to enable the Sub-Committee to determine if he was a fit and proper person to hold a taxi licence. 

                        In response to the referees being contacted again, the applicant asked if a Council officer could undertake that task as he had requested the information in the first instance, via his son, which was not to the Sub-Committee’s satisfaction today. The Licensing Team Leader confirmed that she would contact each of the referees, including the additional ones that had been presented to Member that morning.

RESOLVED:

That the Sub-Committee meeting be reconvened to 15 March at 2pm to enable the Licensing Team Leader to contact each of the applicant’s referees to seek any additional information they may want to provide.