Agenda item

That the applicant was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver 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, licensed by the Authority. 

The Licensing Team Leader explained that the application had asked for details of any previous convictions and the applicant had disclosed a conviction.  On receipt of the applicant’s Disclosure and Barring Service (DBS) criminal records disclosure further convictions were shown.  Written explanations of all the convictions were appended to the report.  Due to the nature of the convictions 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 Licence. 

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

The applicant referred to the written explanations which were appended to the report to address his convictions and provided further background information and explanation of all offences.  He also responded to the questions raised concerning his personal and family circumstances and employment background and took the opportunity to circulate supporting evidence to the Panel.

The Solicitor sought clarification on why the applicant had failed to disclose all his convictions on the licence application form and had recorded only one conviction when the application had requested particulars of any offences.  The applicant explained that he had wrongly assumed that just the last conviction was relevant and that the previous convictions, which dated back many years, were spent and did not need to be declared.  The applicant said he regretted all his offences and reiterated the personal circumstances which had provoked them.  He said he had committed some of the offences in his youth and that he had since been free of convictions for many years.

The Solicitor questioned the applicant in detail concerning his last conviction and asked him to provide further clarification around the circumstances which had caused him to commit the offence and the sentence he had served. 

When asked, the applicant replied that he regarded himself as a fit and proper person to hold a licence and reiterated that the omission of his previous convictions on his application form had been an unintentional mistake.  In response to a request from the Panel the applicant provided information on his future employment prospects should his application be successful. 

                        When the Chairman was satisfied that all relevant questions had been raised, he requested that the applicant and the Licensing Team Leader leave the meeting whilst the application was determined.     

3.1       Determination of the Application  

                        In determining the application, the Sub Committee 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.  The Panel considered the circumstances involved in each case and the length of time since the last conviction and felt that the applicant had given a full and credible account of his actions.   The Panel agreed that the applicant was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver Licence. 

                        The Licensing Team Leader and the applicant were invited to return and the meeting was reconvened.

3.2       Decision

The Chairman advised the applicant that the Sub Committee had decided that he had given a full and credible account of his actions and his previous convictions and had agreed to grant the application. 

RESOLVED:

That the applicant was a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Driver Licence under the Local Government (Miscellaneous Provisions) Act 1976 and that the Licence be granted.  

(The hearing commenced at 10.00 am and ended at 10.45 am)

HEARING TWO

INTERESTED PARTIES:

Private Hire Operator, and Applicant’s Partner

Applicant

Prior to the start of the meeting the Licensing Team Leader explained that the Licence Holder had asked that the interested parties be present at the meeting.  The Chairman asked the Licence Holder if he wished the interested parties to be present whilst confidential information was disclosed during the meeting.  The Licence Holder confirmed that he wished the interested parties to be present during the hearing and asked that his employer be allowed to speak on his behalf if necessary.

The Chair welcomed the Licence Holder and the Interested Parties 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.