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. 559870.

10.30 am

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 559870 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. 559870 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 failed to disclose two criminal convictions relating to violent offences in 1995 and 2011 which had been revealed following a Disclosure and Barring Service (DBS) check;

(iv)         relevant information including the Applicant’s explanation of the reasoning for non-disclosure together with documentation relating to the case including the application and DBS certificate having been attached to the report;

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

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

The Applicant was accompanied by a colleague and confirmed he had received the report and committee procedures.

The Enforcement Officer (NS) summarised the report and facts of the case.

The Applicant explained the circumstances surrounding the two convictions, both had been committed some time ago, the first in his youth, and he provided assurances regarding his current and future conduct.  In response to members’ questions the Applicant advised that the offences had not been so serious as to warrant an anger management course.  In relation to his non-disclosure of the convictions he had been ill advised in that regard; given the length of time since the offences he had not thought that they would still be on his record and need to be disclosed.  He had since realised that, regardless of age, the offences should have been disclosed and he apologised for the oversight.  The Applicant also provided some detail as to his current personal circumstances.  In terms of a final statement the Applicant confirmed he had nothing further to add.

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. 559870 be granted.

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

The Committee had carefully considered all of the information provided by officers in advance of the hearing and representations submitted during the hearing of this case.  The Committee thanked all parties for their assistance.

In reaching their decision, the Committee had due regard to the relevant sections of the Council’s Statement of Licensing Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades.  The Committee had also taken into consideration the substantive offences detailed in the Applicant’s DBS enhanced certificate, the age of the Applicant during the first offence, the length of time since the offences, the Applicant’s guilty pleas, and the circumstances explained in relation to the failure to disclosure the two criminal convictions.  The Committee was satisfied with the Applicant’s explanation that the failure to disclose had been as a result of an honest misunderstanding and there had been no intention to deceive.  Consequently, the Committee concluded that the Applicant was a fit and proper person to hold a licence and determined to grant the licence as applied for.

The Committee had found the Applicant to be open and honest during the hearing of his application and in response to questions.  However, the Committee considered it appropriate to issue a clear warning as regards to future conduct, advising that the Applicant must be open and honest in his dealings with Licensing Officers, the Committee and the Council as a whole going forward.

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