Decision details

                  The Deputy Licensing Officer presented a report submitted by the Assistant Director (Legal and Democratic Services), regarding an application for Private Hire drivers’ licence.

    Applicant 28/2018 was not present at the meeting. Despite being given the opportunity to defer consideration of his application, it was reported that the Applicant had requested that the application be heard by the Panel in his absence. 

The Deputy Licensing Officer read the report which explained that the Applicant has convictions for two offences of assaulting a police officer in September 2012 for which he received a Community Order requiring him to undertake unpaid work, a curfew with an electronic tag and an order for costs and compensation totalling £250 and an offence of criminal damage in June 2014, for which he received a conditional discharge for 12 months and was ordered to pay costs, compensation and a victim surcharge totalling £95. In addition, the Applicant had failed to declare a speeding conviction in July 2015 for which he was fined £100 and awarded 3 penalty points. The Deputy Licensing Officer then went on to read out a statement provided by the Applicant setting out his version of events in respect of a conviction for 2 counts of assault.

As part of the proceedings, the Panel listened to part of the Applicant’s interview with the Licensing Service via a computer link.

                   Delegated Decision:

                    The Panel carefully considered the report and the written representations by the Applicant and after taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the panel agreed unanimously, that the application for a Private Hire driver’s licence by Applicant 28/2018 be refused.

                  The Panel initially noted the Applicants request that the matter proceed in his absence and were satisfied it was reasonable to do so.

                  The Panel then considered the application and noted the convictions outlined in the report and concluded that on the evidence presented the Applicant was not a fit and proper person to hold a private hire licence.

                  In particular the Panel noted the following:

·         The convictions were of a serious nature.

·         The Convictions Policy states that in relation to police assault the Applicant should be refused if a conviction is less than 10 years prior to the date of the application.

·         There was no mitigation or information presented by the Applicant that provided a basis upon which to depart from the Convictions Policy.