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. 577925.

10.30 am – 11.30 am

RESOLVED that Applicant No. 577925 was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that the application be granted subject to the satisfactory completion of all routine checks in connection with an application of this type and completion of the Knowledge Test to the required standard.

 

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. 577925 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 November 2011 for conspiring/producing a controlled drug Class B cannabis together with motoring convictions obtained between July 2021 and December 2022 for speeding (currently six valid penalty points on his DVLA driving licence);

 

(iv)          background information and associated documentation having been provided relating to the case including details of the convictions obtained and the Applicant’s explanation of events, supporting personal statement and character reference from his current employer;

 

(v)           the Council’s policy with regard to the relevance of convictions and suitability of applicants and licensees, 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 in support of his application.

 

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

 

The Applicant referred to his written submission contained within the report and also read out a pre-prepared written submission in support of his application in which he provided some context to the convictions obtained and his personal circumstances including his employment history to date and personal attributes with a view to demonstrating that he was a fit and proper person to hold a licence.

 

The Applicant responded to questions regarding his current employment which also involved transporting passengers together with other driving related work undertaken, the motivation behind his application, and further details relating to his convictions, mitigation, rehabilitation and subsequent good conduct and character.

 

Officers also responded to questions confirming that the conviction obtained in November 2011 would be considered spent in November 2024.  In the event that members were minded to grant the application it would be subject to the satisfactory completion of the knowledge test and usual routine checks.

 

In terms of a final statement the Driver confirmed he had nothing further to add.

 

The Committee adjourned to consider the application and it was –

 

RESOLVED that Applicant No. 577925 was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that the application be granted subject to the satisfactory completion of all routine checks in connection with an application of this type and completion of the Knowledge Test to the required standard.

 

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

 

Members had carefully considered the evidence before them and had deliberated at length before finally reaching their decision.

 

The Committee considered that the Applicant had been convicted for a serious drug related offence and this conviction itself was given significant weight given that the overriding aim of a licensing authority when carrying out its functions relating to the licensing of drivers was protection of the public.  It also found this a serious matter pursuant to their policy guidance concerning drugs related offences.

 

Members considered the policy guidance which stated that a licence must not be granted until 10 years after the completion of a sentence for a drug related offence.  However, members decided to depart from guidance on this aspect given the short length of time until 10 years post-completion.  Members considered it had been a long amount of time since the conviction and sentence and that the Applicant had subsequently taken steps to rehabilitate himself and were encouraged that he had not committed similar offences since.

 

Members were also encouraged that the Applicant had complied fully with the requirements of probation and had since held positions of trust and responsibility in subsequent employments.  Therefore, the Applicant was considered unlikely to offend in such a manner again and attached weight to these factors in determining that the Applicant was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

The Committee expressed concern about the separate speeding offences which had occurred within a short space of time.  Members did note that they may be considered ‘lower level’ but found the repeated pattern of behaviour cause for concern.

 

Although the Committee was concerned about the three speeding offences and subsequently the effect this would have on the Applicant’s standard of driving, they considered the evidence provided in the reference from the Applicant’s current employer with zero alerts for speeding.  This aspect was given significant weight although the reference in general was also given weight by the Committee in deciding that the Applicant was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

Overall, the Committee considered that the Applicant’s character and all the circumstances in their entirety were enough to outweigh their concerns in reaching the decision that the Applicant was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

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

 

The meeting concluded at 11.40 am.