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. 572108.

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 572108 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. 572108 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 obtained a conviction in September 2016 for driving a motor vehicle with excess alcohol, and a conviction in April 2017 for using threatening, abusive or insulting words or behaviour with intent to cause fear or provocation of violence, both of which had been declared by the Applicant and confirmed following the usual routine checks;

 

(iv)          further information concerning the case including the Applicant’s explanation relating to the circumstances of the convictions and background information, and the Applicant currently holding a licence to drive hackney carriage and private hire vehicles with another local authority granted in November 2021;

 

(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 the application and to answer members’ questions thereon.

 

The Applicant was in attendance, accompanied by his employer, and confirmed he had received the report and committee procedures.

 

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

 

The Applicant advised that he had been licensed as a driver with another local authority for over two years and explained the reasoning behind his application to drive in Denbighshire which would provide a better work/life balance.  In terms of the two convictions, he was now a different person, and provided assurances that he was a fit and proper person to hold a licence.

 

The Applicant responded to members’ questions, explaining the background to his taking up employment as a licensed driver and elaborated on his taxi work (during which it was noted that he could currently drive into Denbighshire with a fare).    If members were minded to grant the application, it would provide the Applicant with both the opportunity to continue working in his current employment and also supplement that income with weekend work and to provide cover for other licensed drivers.  He also elaborated on the circumstances surrounding the two convictions, confirming his guilty plea, together with the TS10 motoring offence in March 2023.

 

In making a final statement, the Applicant thanked members for the opportunity to put his case and reiterated that he was a fit and proper person to hold a licence.

 

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. 572108 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 submissions and response to questions.  Members had also considered the relevant sections of the Council’s Statement of Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades.

 

The Committee had been satisfied that the Applicant was a fit and proper person to hold a licence and concluded that there were exceptional circumstances and justifiable reasons to deviate from the policy on this occasion and grant the licence based on the following –

 

·       the time that had passed since the convictions and good conduct since then

·       the fact that there were personal circumstances surrounding the convictions

·       the fact that he had pleaded guilty and acknowledged his mistakes

·       the fact that he had successfully completed his driver awareness course

·       the fact that he currently held a licence with a neighbouring authority that he appeared to have abided by with no issues for the past two years.

 

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