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. 573053.

RESOLVED that the application for a hackney carriage and private hire vehicle driver’s licence from Applicant No. 573053 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. 573053 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 the following criminal convictions: January 1999 – assault occasioning actual bodily harm; August 2012 – wounding/inflicting grievous bodily harm; November 2014 and January 2015 – battery, all of which had been declared by the Applicant and detailed on the Disclosure and Barring Service Certificate;

 

(iv)          further information concerning the case including an interview with the Applicant and his explanation relating to the circumstances of the convictions and background information together with the Applicant’s written submission (personal profile) and provision of a number of character references;

 

(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 and confirmed he had received the report and committee procedures.

 

The Enforcement Officer – Licensing submitted the report and facts of the case.

 

The Applicant was keen to reassure members that he was ashamed of his past and was now a totally different person who had completely turned his life around.  He referred to the circumstances surrounding his convictions and positive life changes since then.  He described himself as a caring and trustworthy person, always willing to help others, and those attributes had been detailed in his character references and demonstrated in his previous work experiences.

 

In response to members’ questions the Applicant elaborated on his previous employment, particularly in the health and social care sector, and explained his access to mental health services and improved mental health and positive outlook.  The Enforcement Officer confirmed that the convictions had occurred during a specific set of circumstances and there had been no risk to the general public.

 

In making a final statement, the Applicant referred to the circumstances at the time of the convictions and expressed his remorse, reiterating that he had taken control of his life and was a changed person with a caring and helpful nature.  He wished to move forward and had two offers of employment if he obtained his taxi licence.  Finally, he thanked members for their time and consideration of his application.

 

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. 573053 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 submissions, character references and response to questions.  Members treated the openness and honesty with which the Applicant dealt with the Committee very seriously.

 

In reaching their decision, the Committee had taken into account the substantive offences detailed on the Applicant’s Disclosure and Barring Service Certificate, the Council’s Statement of Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades, the length of time since the offences and length of time until the convictions were spent for the purposes of that policy, and circumstances as explained by the Applicant in relation to the offences.

 

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 depart from the policy in this case and grant the application.

 

The Committee’s decision and reasons therefore were conveyed to the Applicant.  The Applicant was reminded that granting of the application was still subject to all other routine checks carried out in connection with the application being satisfied.

 

The meeting concluded at 10.55 am.