Issue - meetings

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application for a licence to drive hackney carriage and private hire vehicles from Applicant No. 047324.

RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 047324 be refused.

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

(i)            an application received from Applicant No. 047324 for a licence to drive hackney carriage and private hire vehicles;

(ii)          officers having not been in a position to grant the application in light of the information revealed following an enhanced disclosure from the Disclosure and Barring Service together with a motoring conviction detailed on the applicant’s DVLA Licence;

(iii)         a summary of the convictions disclosed having been provided which related to a number of offences spanning a period from 1981 to 2007 including incidents relating to drink/drugs, indecency and dishonesty;

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

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

The Applicant was in attendance at the meeting and following introductions confirmed that he had received the report and committee procedures.  The Licensing Officer (JT) provided a summary of the report and explained that the matter had been brought before the committee to assess the Applicant’s suitability to hold a licence given the amount and nature of the convictions.

The Applicant addressed the committee and spoke of his desire to become a taxi driver as an alternative means to his current employment and physical demands that required.  He also explained the circumstances surrounding the offences revealed by the criminal record check.  Members questioned the Applicant further on his version of events and recollections of the incidents.  The Applicant was also questioned about more recent health issues relating to drugs/alcohol dependencies in light of his convictions and medical certificate.  In making his final statement the Applicant expressed regret over his previous actions and reiterated that he did not have a problem with alcohol.  He considered himself to be good with the public and provided examples in his present employment.  The Applicant had also provided a character reference from his current employer which was read out to the committee prior to deliberations.

The committee adjourned to consider the case and it was –

RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 047324 be refused.

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

Whilst the application did fall within policy guidelines the committee’s overriding duty was to public safety.  Having considered the facts of the case and answers given in explanation by the Applicant the committee had particular concerns in respect of the conviction relating to alcohol, dependency on alcohol as discussed and the indecency offence.  Consequently the committee was not satisfied that the Applicant was a fit and proper person to hold a licence and resolved to refuse the application.

The committee’s decision and reasons therefore were conveyed to the Applicant and he was advised that the decision did not prevent him from making an application in the future.  He was also advised of his right of appeal against the decision to the Magistrates Court within twenty one days.

[Councillor Arwel Roberts took no part in the discussion or voting on this matter as he had not been present throughout the entire proceedings]