Agenda item

(a)        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; and

(b)      That a Disclosure and Barring Service (DBS) enhanced  criminal records check be undertaken at his own expense and at an appropriate time to be determined by the Licensing Section.

HEARING TWO

Applicant

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

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

                        The Licensing Team Leader presented the report to consider an application for a Private Hire/Hackney Carriage (Joint) Driver Licence, 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 past conviction.  However, on receipt of the applicant’s Disclosure and Barring Service (DBS) criminal records disclosure a number of convictions and offences were shown.  Written explanations of all the convictions were appended to the report.  Due to the number of 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 asked the applicant to explain the circumstances of his convictions as detailed in the report.  The applicant explained that some of the offences had been committed during his youth and referred to his personal and family circumstances at that time. 

                        The Solicitor questioned the applicant about his employment history and asked him to explain why he had  not disclosed all his convictions on his application.  The applicant explained that he had mistakenly thought that he did not need to declare his earlier convictions as they had been committed many years previously.  The Solicitor sought further clarification from the applicant concerning the circumstances and the sentences received for his convictions.  The Solicitor questioned the applicant in detail about his understanding and the severity of his conviction for ‘Lying in Court’ and sought further information on the circumstances relating to that offence.

 When asked, the applicant said that he regarded himself as a fit and proper person to hold a licence and referred to his stable family life and past employment record.  He said he wanted to work to support his family.    

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

4.1       Determination of the Application

Following consideration of the application the Sub Committee was of the view that 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) Drivers Licence. However, due to the

concerns of the panel on the nature of the offences, it was agreed that the

licence be granted for a probationary period of 12 months. The applicant

would also be required to undertake a Disclosure and Barring Service (DBS)

enhanced criminal records check at his own expense and at an appropriate

time to be determined by the Licensing Section.

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

4.2       Decision

The Chairman advised the applicant that the Sub Committee had

decided that he was a fit and proper person to hold a Private Hire/ Hackney Carriage Driver’s Licence and was  granted a licence for a probationary period of twelve months.  The Chairman advised the applicant that he would be

required to undertake a Disclosure and Barring Service (DBS) enhanced

criminal records check at his own expense and at an appropriate time to be

determined by the Licensing Section.

RESOLVED:

(a)       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; and

(b)      That a Disclosure and Barring Service (DBS) enhanced  criminal records check be undertaken at his own expense and at an appropriate time to be determined by the Licensing Section.