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. 559851.

11.30 am

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 559851 be granted.

[This item was brought forward on the agenda with the consent of the Chair]

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. 559851 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 eight convictions relating to foreign leg/cheating the public revenue in 2015 which had been revealed following a Disclosure and Barring Service (DBS) check;

(iv)         relevant documentation relating to the case including the application together with the DBS certificate and the Applicant’s explanation of the reasoning for non-disclosure 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 confirmed he had received the report and committee procedures.

The Enforcement Officer (KB) submitted the report and facts of the case.

The Applicant explained that he was currently licensed with a different local authority and detailed the circumstances surrounding that application and why he had been unaware of the conviction during that process, having only had sight of the basic DBS and not the enhanced check.  He also explained the nature of the offence and legal process that followed and subsequent payment of the fine.  The Applicant provided assurances that he would have disclosed the conviction on the application if he had been aware of it at that time.  In response to questions, the date of the offence and subsequent conviction was clarified and the Applicant explained the reasoning behind his application in order to meet his own business requirements to operate in Denbighshire.  He currently sub-contracted for an operator in Denbighshire who had provided a letter of recommendation on this behalf which was read out at the meeting.  In his final statement the Applicant apologised for the omission and current situation.

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. 559851 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 Applicant’s submissions, letter of recommendation tabled during the hearing and response to questions, the substantive offence contained in the Applicant’s DBS enhanced certificate, the circumstances explained in relation to the offence and failure to disclose the offences on the application form.  The Committee was satisfied with the Applicant’s explanation that the failure to disclose had been as a result of an honest misunderstanding due to previous dealings with an application in a different county being granted.  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.

At this juncture (11.50 am) the meeting adjourned for a short break.