Agenda item

Application for a Private Hire / Hackney Carriage (Joint) Driver Licence

For Members to consider and determine an application for a Private Hire / Hackney Carriage (Joint) Driver Licence.

Decision:

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.

Minutes:

HEARING TWO

 

PRESENT: Councillor Tony Sharps (Chairman)

Councillors: David Cox and Mike Reece

 

OFFICERS OF FLINTSHIRE COUNTY COUNCIL:

Solicitor, Licensing Team Leader, and Committee Officer

 

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.  

 

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, however, the applicant had not completed this section of the form.  On receipt of the applicant’s Disclosure and Barring Service (DBS) enhanced criminal records disclosure a conviction was shown.  Full details of the conviction was appended to the report.  The applicant was asked to provide a written explanation of the conviction and his failure to complete section 5 of the application and this was also appended to the report.  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 conviction as detailed in the report.  The applicant explained that he had arrived in the United Kingdom in 2005 and provided details of his personal circumstances at that time and his urgent need to find paid employment.  He said he had been provided with a registration card through a contact who dealt with these matters which had enabled him to find work.  However, following a visit and enquiries by immigration officials at his place of employment it had come to light that his registration card was illegal and he was subsequently  convicted of using an altered registration card with intent to deceive. 

 

                        The Solicitor questioned the applicant about his employment history and asked him to explain why he had  not disclosed his conviction on his application.  The applicant explained he had not known that the registration card was fake.  He said he had mistakenly thought that he did not need to declare his conviction as it had been committed in 2009 and he was also uncertain if it was relevant to his application in terms of a criminal offence.  The Solicitor sought further information from the applicant concerning how he had found employment following his conviction.  The applicant explained that whilst being imprisoned he had made an application, with assistance from immigration officials, for a new registration card which was later issued and this had enabled him to secure further employment.

 

 When asked by the Solicitor, the applicant said that he regarded himself as a fit and proper person to hold a licence.  He said he was honest and hard working and, when prompted by the Interested Party,  provided an example of how he had recently found a wallet containing cash and cards and had taken it to a police station.  He said he wanted to work to support himself.    He gave assurance to the Panel that he did not have any previous convictions to declare from when he had lived in his birth country.  The Interested Party spoke in support of the applicant and said he had found him to be hard working, of honest character, courteous and helpful to his customers.  

 

When the Chairman was satisfied that all relevant questions had been raised, the Licensing Team Leader, the applicant, and Interested Party, 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) Driver Licence. 

 

In determining the application, the Sub Committee considered the Council’s guidance on the treatment of convictions, cautions, or criminal charges, which was appended to the report. The Panel paid particular attention to paragraph 4.21 which related to dishonesty. The Panel considered the circumstances involved and the length of time since the 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.

 

4.2       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 conviction 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 second hearing commenced at 3.30 p.m. and ended at 4.10 p.m)