Agenda item

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application from Applicant No. 520509.

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 520509 be granted.

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

(i)            an application having been received from Applicant No. 520509 for a licence to drive hackney carriage and private hire vehicles;

(ii)          the application having been referred to the Licensing Committee due to the Applicant’s failure to disclose two criminal convictions which had been revealed following a routine Disclosure and Barring Service (DBS) check relating to theft (1990) and driving a vehicle with excess alcohol (2004);

(iii)         referred to the Council’s policy with regard to the relevance of convictions (including non-disclosure) and relevant legislation with regard to making a false statement and omission of particular material, and

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

The Applicant confirmed he had received the report and committee procedures.

The Public Protection Business Manager detailed the facts of the case.

The Applicant apologised for his error in completing the application form and explained that (1) he had not realised the first offence would be on record as it had been committed in his youth, and (2) he had mistakenly believed the second conviction related to motoring rather than a criminal offence, and proceeded to explain the circumstances surrounding those two convictions.  Since then the Applicant had held a clean driving licence and described himself as capable and trustworthy.  In response to members’ questions the Applicant admitted that he had not read the relevant documentation properly which had led to the omission on this application form.  He believed that being a taxi driver would allow him to work flexible hours which would suit his family circumstances.  In making a final statement the Applicant again apologised for incorrectly completing the application form stating that it had been a genuine error on his part.

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. 520509 be granted.

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

Members had carefully considered the facts of the case and explanation provided by the Applicant with regard to the offences and reasoning behind his non-disclosure of convictions.  The committee found the Applicant to be genuine and honest in his submission and answers to questions and accepted that he had made a genuine mistake on this occasion in completing the application form given that he had not read the accompanying guidance notes properly.  The committee accepted the Applicant’s version of events with regard to his historic convictions and noted that if the Applicant had declared those convictions at the appropriate time officers would have been in a position to grant the application in accordance with the Council’s conviction policy.  Consequently members considered the Applicant to be a fit and proper person and resolved to grant the application.

The committee’s decision and reasons therefore were conveyed to the Applicant.

The meeting concluded at 11.15 a.m.