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.  

HEARING THREE

INTERESTED PARTY:  Private Hire Operator

Applicant

Prior to the start of the meeting the Licensing Team Leader explained that the applicant had asked that his current employer be present at the meeting.  The applicant confirmed that he wished his employer to be present during the hearing and asked that he be allowed to speak on his behalf if necessary.

The Chair welcomed the applicant and the Interested Party 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.  

5.         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 that he had two public order offences.  On receipt of the applicant’s Disclosure and Barring Service (DBS) criminal records disclosure details of both the convictions were shown.  The Licensing Team Leader reported that the applicant was asked to provide a written explanation of his convictions and this was 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 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 took the opportunity to provide copies of character references to the Panel for information.   He referred to his explanation of his convictions which was appended to the report and provided further information around the circumstances which had given rise to the offences being committed.  He said he regretted his convictions which had occurred many years previously and said they were isolated incidents.  When questioned by the Panel the applicant provided background information on his personal circumstances and employment history and referred to his stable family life and current employment.  

The applicant’s current employer spoke in support of the applicant and gave an overview of the nature of the work that he undertook.  He said he welcomed the opportunity to employ the applicant in a further capacity and regarded him as an ‘asset’ to his business.     

The Solicitor questioned the applicant in detail about his convictions and sought further explanation of the circumstances which had given rise to the second conviction and the fine he had received.

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

5.1       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. 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, the applicant and the interested party were invited to return and the meeting was reconvened.

5.2       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 third hearing commenced at 12.10 pm and ended at 12.40 pm).