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. 559747.

11.00 am

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 559747 be granted.

The Committee heard that Applicant No. 559747 had advised he was unable to attend the hearing due to childcare issues and requested the application be heard in his absence to avoid any further delay.  The Solicitor set out the options available to the Committee to either adjourn the matter to another occasion, or proceed with determining the application in the absence of the Applicant.  If the Committee was minded to determine the application in the Applicant’s absence, it must be satisfied there was sufficient information before it to reach a sound decision.

Having considered the Applicant’s request together with the legal advice provided, the Committee considered there was sufficient information before it to make an informed decision, and upon being put to the vote, it was subsequently –

RESOLVED that the Committee proceed to determine the application in the absence of the Applicant.

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. 559747 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 convictions relating to cause allow another to fail to notify changes of circumstances affecting entitlement to benefit/other payment in 2013 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, DBS certificate and email received in support of the application 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 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. 559747 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.  The Applicant had been unable to attend the hearing and had requested the Committee consider the application in his absence.  Having considered there to be sufficient information brought before it to enable an informed decision to be made, the Committee agreed to determine the application in the absence of the Applicant.

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 details of the Applicant’s engagement with officers as detailed in paragraph 4.5 of the report, the Applicant’s email of 20 July 2022 explaining the circumstances surrounding the failure to disclose the offences on the application form (Appendix C to the report), and the time that had elapsed since the substantive offence.  The Committee was satisfied with the Applicant’s explanation detailed in his email of 20 July 2022 that the failure to disclose on the application form had been the result of an honest misunderstanding.  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.  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 meeting concluded at 12.10 pm.