Agenda item

To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ determination of an application to drive hackney carriage and private hire vehicles from Applicant No. 551134.

11.00 am

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 551134 be granted.

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

(i)            an application having been received from Applicant No. 551134 for a licence to drive hackney carriage and private hire vehicles;

(ii)          officers having referred the application to the Licensing Committee for determination given the particular circumstances of the case;

(iii)         the Applicant having accrued 8 penalty points on his DVLA Driver’s Licence for speeding in July 2018 (3 points) and July 2019 (5 points) and obtained a conviction for Conspire/Handling Stolen Goods in 2010, all which had been declared by the Applicant and confirmed following the usual routine checks

(iv)         further information concerning the case including the Applicant’s licensed driver history with another local authority together with his suitability as a licensed driver and character references (attached to the report);

(v)          the Council’s policy with regard to the relevance of convictions and suitability of applicants, and

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

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

The Senior Licensing Officer (JT) introduced the report and facts of the case.

The Applicant provided some background information and reasoning behind his application after moving into the area.  He also provided details of his current employment, being a licensed driver with another local authority, and reported upon his work carried out in Denbighshire in relation to school contracts and private hire.  The Applicant gave assurances regarding his driving conduct and referred to his references attesting to his good character.  He also responded to questions raised by members with a view to ascertaining his suitability to hold a licence, providing further clarification regarding his current working arrangements between local authority areas and detailing the circumstances surrounding the speeding offences.  He confirmed there were no further penalty points pending on his licence and referred to his greater vigilance following the speeding conviction and safe driving conduct.  The Applicant indicated he had nothing further to add to his submission. 

The Committee adjourned to consider the application but during debate sought clarity on a further point and all parties were recalled.  Officers confirmed that pre-booked private hire work was permitted across local authority areas provided the driver and vehicle had been licensed by a local authority.  The Committee re-adjourned to continue deliberations and it was subsequently –

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 551134 be granted.

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

Members had carefully considered the particular circumstances of the case as set out in the report together with the Applicant’s oral submission and response to questions.  Members had also considered the relevant sections of the Council’s policy with regard to the relevance of convictions and suitability of applicants.

In particular the Committee considered 4.42 of the Council’s Statement of Policy regarding the Suitability of Applicants and Licensees in the Hackney Carriage and Private Hire Trades. It provided that where an applicant had 7 or more points on their DVLA licence for minor traffic or similar offences, a licence would not be granted unless at least 5 years had elapsed since the completion of the sentence imposed. The Committee concluded that the completion of the sentence imposed (which was 4 years from the first offence of 2018) would translate to 2027 when a licence would be granted in accordance with this policy provision. 

Given the clear above policy provision, the Committee then considered 3.19 of the same policy that provided a policy provision, (namely 4.42 above) should only be departed from in exceptional circumstances and for justifiable reasons.

Given the length of time since the Applicant’s conviction in 2010 and his honesty in declaring his speeding offences upon application, and having heard from the Applicant the circumstances and nature surrounding those offences and taking into account the character references provided, the Committee was satisfied that the Applicant was a fit and proper person to hold a licence. The Committee concluded that they were indeed exceptional circumstances and justifiable reasons under 3.19 of the policy to make a departure from provision 4.42.

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

The meeting concluded at 12.05 p.m.