Issue - meetings

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking determination of an application from Applicant No. 517116.

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 517116 be granted with a formal warning issued as to his future conduct.

A confidential report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)            re-consideration of an application received from Applicant No. 517116 for a licence to drive hackney carriage and private hire vehicles following an appeal against refusal of the application by the Licensing Committee in June 2017;

(ii)          detailed convictions revealed following an enhanced disclosure to the Disclosure and Barring Service (DBS) relating to offences committed in 1998 under the Road Traffic Act 1988 which had not been disclosed by the Applicant and the accumulation of fourteen penalty points on his DVLA Driving Licence relating to traffic offences committed during 2014 and 2015, one of which had not been disclosed by the Applicant;

(iii)         relevant documentation relating to the case including details of the Applicant’s formal interview having been attached to the report;

(iv)         referred to the Council’s policy with regard to the relevance of convictions, and

(v)          the Applicant having been invited to the meeting in support of his application and to answer members’ questions thereon.

The Applicant was accompanied by his legal representative and confirmed he had received the report and committee procedures.

The Enforcement Officer (TB) introduced the report and facts of the case.

The Applicant’s legal representative highlighted the difficulties when different rules were applied by different organisations which had led to a misunderstanding with regard to the disclosure of relevant convictions as part of the application process in this case.  There had been no attempt by the Applicant to deceive or hide any information which had been borne out by the submission of the DBS check and known routine check of the Applicant’s DVLA driving licence.  Reference was made to the timing of the motoring convictions obtained by the Applicant and those ‘spent’ convictions which remained on record for a further twelve months and there had been no convictions for motoring offences for over two years.  It was submitted that the Applicant had accepted his mistake and was of good character and possessed the necessary qualities to be a responsible and trustworthy licensed driver.

Members were advised of two issues to consider in this case, (1) the non-disclosure of relevant convictions, and (2) the penalty points which remained valid in respect of the application.  The Applicant responded that he had been advised that the ‘spent’ convictions would not debar him from obtaining a licence and he accepted that three penalty points remained valid on his licence and had been disclosed.  He also confirmed that he had an offer of employment should the licence be granted.

In his final statement the Applicant’s legal representative reiterated that a genuine mistake had been made with regard to the non-disclosure for which the Applicant had apologised and he asked members to look favourably on the application.

The committee adjourned to consider the application and it was –

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 517116 be granted with a formal warning issued as to his future conduct.

The reasons for the Licensing Committee’s decision were as follows –

Having considered the explanation by the Applicant with regard to the offences and non-disclosure of relevant offences members accepted that he had made a genuine mistake on this occasion and there had been no intention to deceive.  It was noted that the motoring offences had occurred some time ago and the Applicant had a period free from convictions for over two years.  Whilst there remained some valid points on the Applicant’s DVLA Licence the committee did not consider them so serious as to  ...  view the full minutes text for item 7