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. 047331.

RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 047331 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. 047331 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 1997 to 2010 including incidents relating to drunkenness, driving and traffic offences;

(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 in light of the convictions disclosed.

The Applicant addressed the committee in support of his application describing his background and personal circumstances at the time the offences had been committed.  He was keen to impress upon members his change in attitude since he had moved into the area some years ago becoming a responsible adult in employment with family commitments.  He explained that his current employment was seasonal and he wished to become a taxi driver to provide for himself and his family.  Members questioned the Applicant on his convictions, particularly in light of the substantial penalties imposed and repeated driving disqualifications, and sought assurances regarding his future behaviour.  The Applicant elaborated upon particular incidents in response to members’ questioning and assured the committee that he only drank alcohol at social occasions such as weddings.  In making his final statement he assured members that he valued his driving licence and was a changed character.

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. 047331 be refused.

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

Members considered all the evidence presented and the response given by the Applicant to questions.  Whilst granting the application was in line with individual policy guidelines the committee’s overriding consideration was public safety and in light of the prolific and repeated convictions specifically relating to motoring offences including dangerous driving; driving with no insurance, and with excess alcohol members were not satisfied that the Applicant was a fit and proper person to drive hackney carriage and private hire vehicles.  Accordingly it was resolved to refuse the application.

The committee’s decision and reasons therefore were conveyed to the Applicant and he was advised of his right of appeal against the decision to the Magistrates Court within twenty one days.