Agenda item

For Members to consider the motoring convictions of a Private Hire / Hackney Carriage (Joint) Driver and to determine whether he remains a fit and proper to continue to hold such a licence.

(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 six months;

(b)       That the applicant undertake and satisfactorily complete the Knowledge Test within three months, to be arranged by the Licensing Authority; and

(c)        That a criminal records check be undertaken at the applicant’s own expense prior to completion of the probationary term and a certificate produced to the Licensing Authority on the expiry of the probationary period.

The Chairman welcomed the applicant, introduced the members of the Sub-Committee and explained the procedure for the hearing.

The Senior Licensing Officer introduced the report for Members to consider the recent conviction of a Private Hire/Hackney Carriage (Joint) Driver and to determine whether the applicant remained a fit and proper person to hold such a licence within the meaning of the Local Government (Miscellaneous Provisions) Act 1976.  The report detailed the contents of the application, together with information on the applicant’s convictions and the Council’s adopted guidance on dealing with such matters.  The applicant confirmed that he was in receipt of a copy of the report.

The Chairman invited the applicant to make representations and to provide responses to questions raised by the panel.

With the permission of the Chairman, the applicant circulated a character reference letter which had been provided by a friend/client.  He went on to give detail on the historic convictions but was unable to recall all incidents.  On the most recent incident, he responded to queries from the panel and circulated a photograph of his vehicle taken after the incident.

When the Chairman was satisfied that all relevant questions had been raised, he requested that the applicant and the Senior Licensing Officer leave the meeting whilst the Sub-Committee reached a decision.

5.1       Determination of the Application

Following consideration of the application including both written and verbal representations made by the applicant and the Licensing Authority, the Sub-Committee was of the view that the applicant remained a fit and proper person to retain a Private Hire/Hackney Carriage (Joint) Drivers Licence.  However, it was agreed that the licence would be granted for a probationary period of six months and a condition attached for the applicant to attend a Knowledge Test due to the persistent similar convictions.

The Senior Licensing Officer and the applicant were invited to return so that the meeting could be reconvened.

5.2       Decision

The Chairman advised that the Sub-Committee considered the applicant a fit and proper person to hold a Private Hire/Hackney Carriage (Joint) Drivers Licence.  However due to the seriousness and persistent convictions, the applicant was given a probationary licence for a period of six months. Furthermore, a condition was imposed for the applicant to undertake a Knowledge Test by arrangement of the Licensing Authority, to be completed satisfactorily within three months thereof.

A criminal records check would be required prior to the end of the probationary licence period at the applicant’s expense and a certificate produced to the Licensing Authority on the expiry of the probationary period.

The Chairman said that the panel strongly recommended that the applicant consider installing a camera in his vehicle for his own benefit.

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 six months;

(b)       That the applicant undertake and satisfactorily complete the Knowledge Test within three months, to be arranged by the Licensing Authority; and

(c)        That a criminal records check be undertaken at the applicant’s own expense prior to completion of the probationary term and a certificate produced to the Licensing Authority on the expiry of the probationary period.