A report from the Executive Director (Operations) is attached.
Minutes:
Licence Holder 27/2021
The Executive Director (Operations) submitted a report relating to Applicant 27/2021 who was not in attendance at the meeting.
The Deputy Licensing Officer informed the Committee that the Applicant had emailed the Licensing Service to state that he was ill and unable to attend but that he was happy for the Committee to decide the application in his absence. He further stated that he had wanted the licence to work during Christmas and that it was too late now to be of any benefit to him. The matter had previously be deferred due to the Applicant’s non-attendance.
The Committee considered whether to proceed in the absence of the Applicant and was satisfied, in view of the fact that matter had previously been deferred and the Applicant had stated he was happy for it to be decided in his absence, that the matter should proceed.
The Deputy Licensing Officer presented the report which set out the reasons for the application being before the Committee.
The report stated that the Applicant 27/2021 had held a private hire driver’s licence since the 21st February 2021 until its expiry on the 8th July 2021. On the 7th October 2021, the Applicant 27/2021 made a new application for a private hire drivers licence. On his online application he declared that he had two motoring convictions in May and July 20218, for failure to give information as to the identity of a driver. He had received a fixed penalty by way of a fine of £660 and 6 penalty points for both the offences. Whilst both of these convictions had were more than two years ago, they had not previously been notified to the Licensing Department in accordance with the requirement within the conditions on his licence that such matters should be notified in writing within 7 days.
The Applicant was subsequently interviewed by a Licensing Officer, and he explained the background to the offences which was detailed in the report (Appendix 1) attached to the agenda. This stated that he had sold the vehicle and had sent off the log book to the DVLA. He had no proof of this and when he received the paperwork regarding the offences he failed to deal with them as he stated he was having work done at his home, didn’t see the mail and when he did so, it was too late to challenge the convictions.
Delegated decision:
The Committee carefully considered the report, and information presented by the Applicant contained within it.
Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, the Committee resolved to refuse the application due to the Applicant not being a fit and proper person to hold a licence.
The reasons for the Committee’s decision were as follows:
1. The offences were of a serious nature.
2. The Applicant had provided no credible explanation for commission of the offences.
3. The Applicant had failed to take action to deal with the paperwork regarding the offences when received and provided no credible explanation for this.
4. The Applicant had provided no explanation for his failure to disclose the offences whilst originally licenced and was in breach of his licence conditions.
5. The Applicant has provided no information as to an apology for his actions nor had he showed any remorse.
6. The Applicants failure to attend the Committee on two occasions provided the Committee with no further explanation or any opportunity to question the Applicant, hear his personal circumstances or any other information or explanation.
7. The Applicants comment as to Christmas was also found by the Committee to be disrespectful and an unsatisfactory reason for not attending.
Supporting documents: