A report from the Assistant Director (Localities) is attached.
Minutes:
The Licensing Manager presented a report submitted by the Assistant Director (Localities) regarding applications for Public/Private Hire Vehicles Drivers’ Licences.
The Applicants were invited to attend the meeting for separate hearings. The Chair outlined the procedure to be followed and the Applicants were invited to address the Panel separately on their applications and any matters referred to in the Officer’s report. The Licensing Manager read out the contents of each report which were accepted by each of the Applicants.
Delegated decisions:
1. That after careful consideration of the written report and the oral representations submitted by the Applicant and the Applicant’s representative and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and thatthe application for a Private Hire Driver’s Licence by Applicant 14/2014 be granted for a period of 6 months.
The Panel noted the seriousness of the offence disclosed by the Applicant and the resulting prison sentence. It also noted that independent verification of the offence listed had been sought but had not been provided and that the sentence of imprisonment had been given more than 3 years ago.
The Panel requested that the Licensing Officers be authorised to extend the licence period subject to no issues being brought to light during the 6 month period.
2. That after careful consideration of the written report and the oral representations submitted by the Applicant and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and that the application for a Hackney Carriage Driver’s Licence by Applicant 15/2014 be granted.
The Panel noted that the convictions recorded against the Applicant related to maters more than7 years ago and that the Applicant had shown remorse and changed his life. It was also noted that he had been granted both Hackney Carriage and Private Hire Licences by another authority with knowledge of the conviction.
3. That after careful consideration of the written report and the oral representations submitted by the Applicant and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and thatthe application for a Private Hire Driver’s Licence by Applicant 16/2014 be granted.
The Panel noted the seriousness of the offences but these had taken place almost 5 years ago and there were no other matters recorded against the Applicant.
4. That after careful consideration of the written report and the oral representations submitted by the Applicant and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and thathe application for a Private Hire Driver’s Licence by Applicant 17/2014 be granted for a period of 6 months.
The Panel noted the seriousness of the offence for which the Applicant was cautioned but noted he had not gained from it and that it had been committed at a time when his father was ill and subsequently died.
The Panel requested that the Licensing Officers be authorised to extend the licence period subject to no issues being brought to light during the 6 month licence period.
5. That after careful consideration of the written report and the oral representations made by the Applicant and his representative and all the evidence presented including written references, and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant not to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and that the Applicant identified as 18/2014 and determined that the application for a Private Hire Driver’s Licence be refused.
The Panel noted that the previous allegations made against the Applicant by a passenger had been denied by him both before Panel and before the Magistrates Court at a subsequent appeal, at which he was unsuccessful. Although he did advise the Panel he now admitted his action, it was noted that he had therefore previously lied to the Panel and Magistrates and had forced the complainant to have to give evidence. Although he had shown remorse the Panel felt that there had been insufficient time since his previous licence had been revoked, for it to be satisfied he was fit and proper.
The Panel concluded that that the actions of the Applicant when previously licensed as a taxi driver still raised serious concerns about public safety. The Panel noted that the applicant had apologised and accepted that his conduct had fallen below the standards expected in order to safeguard the public use of taxis in the Borough.
6. That after careful consideration of the written report and the oral representations submitted by the Applicant and taking into account the Council’s Conviction Guidelines, the Panel determined the Applicant to be a fit and proper person in accordance with the Local government (Miscellaneous Provisions) Act 1976 and that the application for a Hackney Carriage Driver’s Licence by Applicant 19/2014 be granted.
The Panel accepted the Applicants explanation for the offence committed, and although a serious matter, they also noted it had been committed over 3 years ago and that the Applicant holds Hackney Carriage Licences with 2 other authorities who are aware of the conviction.