Agenda item

A report from the Executive Director (Operations) is attached.

Licence Holder 32/2021

The Executive Director (Operations) submitted a report relating to applicant 16/2021 who was in attendance at the meeting. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report. The report, which was accepted by the applicant and presented by the Head of Public Protection, set out the reasons for the applicant being before the Committee. 

The report stated that the Applicant had held a Private driver’s licence continuously since 12^th November 2015 until its expiry on 11^th November 2021.

The Applicant emailed the Licensing Service on 28^th October to declare a speeding conviction on 31^st May 2021, for which he received 3 penalty points and a fine of £100. This conviction had not previously been declared to the Licensing Service.

The applicant had therefore failed to declare this motoring conviction within the correct time frame as stipulated in the private hire drivers licence conditions and as a new Applicant the matter had therefore been referred to the Committee.

This Applicant has been contacted by the Deputy Licensing Officer for an explanation. The Applicant explained that he was caught by a speed camera. When asked why he had failed to declare the conviction he stated that he was not aware that he had to, then he was told about reporting convictions and on hearing that he did so immediately. The communication from the Applicant was attached at Appendix 1 in the agenda pack.

The Applicant stated to the Committee that he was very sorry and was not very good with email communication and had requested a telephone discussion with the service. He stated he had forgot to report the offence but had provided details on the application form. This was the first time in over 30 years that he had received any penalty points and would have liked the case decided before Christmas.

The Head of Public Protection asked if the Applicant had read the conditions on the back of the licence and he stated he had familiarised himself with them over the last couple of months.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Applicant.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, that the Committee resolved to grant the application for a three year period. The Chair informed the Applicant to report any licence breaches if they occur in the future within the required timescale.

Licence Holder 33/2021

The Executive Director (Operations) submitted a report relating to applicant 16/2021 who was in attendance at the meeting accompanied by a representative. The Chair made introductions and the Council Solicitor outlined the procedure to be followed and clarified that all those present had read the report. The report which was accepted by the Applicant and presented by the Head of Public Protection, set out the reasons for the applicant being before the Committee. 

The report stated that the Applicant has held a private hire driver’s licence since 6^th August 2003. His most recent Private Hire Driver’s licence commenced on the 4^th October 2017 and expired on the 3^rd October 2020. Following the expiry of that drivers licence he submitted an application for the grant of a private hire driver’s licence on the 9^th October 2020. Upon examination of that application, it became apparent that he had failed to disclose a motoring conviction and consequently breached condition 13 of his private hire drivers licence.

The Application was therefore brought before the Licensing and Safety Panel in November 2020 and it was refused. The report from that hearing and subsequent decision notice were included in Appendix 1 of the agenda pack. The Applicant appealed the decision but subsequently withdrew it.

On the 21^st November 2021 the Applicant submitted an online application for the grant of a private hire driver’s licence. The Licensing Service is unable to process the application due to the previous refusal to grant in November 2020.

The Applicant stated to the Committee that he had held a licence for 17 years and there had been no issues until those outlined in the report. He advised that he was suffering from financial difficulties and would like to hold a licence again to provide income for his family. The Applicant’s representative provided some background information on how the financial impact was affecting the Applicant personally.

In response to questions from the Committee as to assurances for the future and is conduct, the Applicant confirmed he had learnt a lesson.

Delegated decision:

The Committee carefully considered the report, and oral representations by the Applicant and his representative.

Taking into account the Council’s Conviction Policy and Guidelines and in accordance with the Local Government (Miscellaneous Provisions) Act 1976, that the Committee resolved to grant the application for a period of 12 months.