Agenda and minutes

RESOLVED that the minutes of the meeting held on 16 December 2021 be confirmed and signed by the Chair as an accurate record.

No declarations of interest were received.

You are asked to resolve that the press and public be excluded from the meeting during the consideration of the following item(s) because it is likely that if members of the press or public were present, there would be disclosure of ‘exempt information’

RESOLVED that the press and public be excluded from the meeting during consideration of the following item(s) of business because it is likely that if members of the public were present there would be a disclosure to them of ‘exempt information’ as defined by Section 100I and Schedule 12A to the Local Government Act 1972.

 The Licensing Officer:

a)    stated that the applicant submitted an application for a new Hackney Carriage driver’s license in September 2021

b)    explained that the applicant previously held a Hackney Carriage driver’s license from September 2009 until September 2018 when his license was revoked by the Sub Committee. He added that a copy of the 2018 report and appendixes were attached at Appendix A to the report and that the decision notice was attached at Appendix B

c)    highlighted that the applicant came into City Hall on Monday 6 August 2018 for a re-license appointment within which he was asked if he had received any convictions or criminal findings of guilt such as fixed penalty notices.

d)    added that the applicant had nine penalty points on his driving license of which he failed to disclose three points

e)    explained that within the current Policy in relation to informing the Council about criminal findings of guilt it stated the following:

Licensed drivers must notify the Council in writing immediately of any criminal convictions, findings of guilt (including fixed penalty tickets), cautions and warnings, whether for motoring or other offences, and any breaches of this requirement may result in the suspension of the license and the matter will be referred to the Licensing Committee for consideration.

f)     explained that in addition to the applicant’s failure to disclose three penalty points, there had been a number of complaints made against him and it was also alleged that he had committed offences

g)    highlighted that the applicant appealed the revocation decision to Magistrates Court where the decision of the Sub Committee was upheld

h)    highlighted that a DVLA check was carried out which showed the applicant held a full and clean UK driving license

i)     added that the applicant had also been required to the complete the knowledge test and DIP test, both of which he passed on his first attempt

j)     confirmed that Members were to determine whether the applicant was a fit and proper person to hold a Hackney Carriage Driver’s License

The Sub-Committee questioned the applicant and received responses from the applicant.

The Decision was made as follows: 

That the application for the grant of a new Hackney Carriage driver’s license be refused.

Reasons for the Decision:

The Sub-Committee was not satisfied that the applicant was a fit and proper person to hold a licence. In reaching the decision the Sub-Committee considered that:

1.    The applicant showed very limited regret in response to the significant volume of complaints, speeding offences, and a relevant criminal conviction which the Sub-Committee had highlighted to the applicant regarding his previous time as a licence holder.

2.    The applicant’s persistent and general reluctance to accept that he had been at fault in his earlier behaviour prevented the Sub-Committee from determining that he had become a fit and proper person to hold a licence since the revocation. In the absence of relevant corroborating evidence from the applicant, the passage of time since the earlier revocation was insufficient  ...  view the full minutes text for item 35.